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Full text of "North Carolina Register v.3 no. 23 (3/1/1989)"

■\ 



5A. KFjoz-ms'-i /,fU /u^ / 



RECEIVED 



MAR 3 1989 



LAW LIBRARY 



The 
NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



EXECUTIVE ORDERS 



m 



ik 



COMa 
TITUI 



PROPOSED RULES 

Human Resources 

Labor 

Landscape Architects 

NRCD 

Plumbing and Heating Contractors 

FINAL RULES 
Correction 
Transportation 



ISSUE DATE: MARCH 1 , 1 989 



Volume 3 • Issue 23 • Pages 1026-1053 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislati\e and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise appro,\imatel\' fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The North Carolina 
Register is available by yearly subscription at a cost of 
one hundred and five dollars ($105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 11666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be a\"ailable for 
public inspection at the Rules Division of the Office of 
Administrati\'e Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute pro\'ides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrati\e Rules Review Commission. Upon ap- 
pro\al of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effecti\e 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn b>' the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporars' rules. A temporan.- 
rule becomes effective uhen adopted and remains in 



effect for the period specified in the rule or 180 days 
whichever is less. An agency adopting a temporary rul( 
must begin normal rule-making procedures on the per 
manent rule at the same time the temporary rule 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) i; 
a compilation and index of the administrative rules o 
25 state agencies and 38 occupational licensing boards 
The NCAC comprises approximately 15,000 letter size 
single spaced pages of material of which approximate 
ly 35 "o is changed annually. Compilation and publica 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Eacl 
state agency is assigned a separate title which is fur 
ther broken down by chapters. Title 21 is designatec 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimuni 
cost of two dollars and 50 cents ($2.50) for 1( 
pages or less, plus fifteen cents ($0.15) per eacl 
additional page. 

(2) The full publication consists of 52 volumes 
totaling in excess of 15,000 pages. It is sup 
plemented monthly with replacement pages, y 
one year subscription to the full publication in 
eluding supplements can be purchased fo 
seven hundred and fifty dollars ($750.00). In 
dividual volumes may also be purchased witl 
supplement ser\'ice. Renewal subscriptions foi 
supplements to the initial publication available 

Requests for pages of rules or volumes of the NCA( 
should be directed to the Office of AdministrativJ 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pro 
cedures to be followed. For specific statutory language 
it is suggested that Articles 2 and 5 of Chapter 150B o 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issue 
page number and date. 1:1 NCR 101-201, April 1, 198( 

refers to Volume 1, Issue 1, pages 101 through 201 o 
the North Carolina Register issued on April 1, 1986, 



North Carolina Register. Published bi-monthly by 
the Office of Administrati\'e Hearings, P.O. Drawer 
11666, Raleigh, North Carolina 27604, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars ($105.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement ser\'ice by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions seven hundred and fifty dollars 
(S750.00). Indi\-idual volumes available. 



NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 




EXECUTrV E ORDERS 

Executive Orders 82-84.. 



.1026 



Office of Administrative Hearings 

P. O. Drawer 11666 

Raleigh, NC 27604 

(919) 733 - 2678 



Robert A. Mclott, 

Director 
James R. Scaicella Sr., 

Deputy Director 
Molly Masich, 

Director A PA Services 



II. PROPOSED RULES 
Human Resources 

Facility Services 1027 

Labor 

OSHA 1028 

Licensing Boards 

Landscape Architects 1 036 

Plumbing and Heating 

Contractors 1037 

NRCD 

Coastal Management 1030 

Environmental Management.... 1029 



III. FINAL RULES 

Correction 

Division of Prisons 1046 

Transportation 

Division of Highways 1046 

Division of Motor Vehicles 1046 

TV. CUMULATFVE INDEX 1050 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



NOR IH CAROIJNA RKC.ISI ER 

Publication Deadlines and Schedules 

(Januaty I9H9 - May 1990) 



Issue 


Last Day 


Last Day 


Earliest 


+ 


Date 


for 


for 


Date for 


Earliest 




Filing 


FJectronic 


Public 


Effective 






Filing 


I learing & 
Adoption by 
Agency 


Date 


++++++++ 


++++*+** 


*+++***+ 


+*+*++++ 


+++++++K 


01/02 '89 


12/08/88 


12/15/88 


02/01/89 


05/01/89 


01/16/89 


12/27/88 


01/03/89 


02/15/89 


05/01/89 


02/01/89 


01/10/89 


01/17/89 


03/03/89 


06/01/89 


02/15/89 


01/26/89 


02/02/89 


03/17/89 


06/01/89 


03/01/89 


02/08-89 


02/15/89 


03/31/89 


07/01/89 


03/15/89 


02/21/89 


03/02/89 


04/14/89 


07/01/89 


04/03/89 


03/10/89 


03/17/89 


05/03/89 


08/01/89 


04/14/89 


03/23/89 


03/31/89 


05/14/89 


08/01/89 


05/01/89 


04/10/89 


04/17/89 


05/31/89 


09/01/89 


05/15/89 


04/24 89 


05/01/89 


06/14/89 


09/01/89 


06/01/89 


05/10 89 


05/17/89 


07/01/89 


10 01/89 


06,' 15/89 


05/24 89 


06,01/89 


07/15/89 


10/01/89 


07/03/89 


06/12/89 


06/19/89 


08/01/89 


11/01/89 


07/14/89 


06/22 '89 


06/29/89 


08/13/89 


11/01/89 


08/01/89 


07/11/89 


07/18,89 


08/31/89 


12/01/89 


08 '15/89 


07/25 89 


08/01/89 


09/14/89 


12 '01/89 


09/01/89 


08/1 189 


08/18/89 


10/01/89 


01/01/90 


09/15/89 


08/24 89 


08/31/89 


10/15/89 


01/01/90 


10/02/89 


09/11/89 


09/18/89 


11/01/89 


02/01/90 


10/16/89 


09/25/89 


10/02/89 


11/15/89 


02/01/90 


11/01/89 


10/11 89 


10/18/89 


12/01/89 


03/01/90 


11/15/89 


10/24 89 


10/31/89 


12/15/89 


03/01/90 


12/01/89 


11/07/89 


11/15/89 


12/31/89 


04/01/90 


12/15/89 


11/22/89 


12/01/89 


01/14/90 


04/01/90 


01/02/90 


12 07 89 


12,14/89 


02/01/90 


05/01/90 


01 '16/90 


12'20 89 


12/29/89 


02 '15/90 


05 01/90 


02 01/90 


01/10 90 


01/18/90 


03/03/90 


06 01/90 


02/15/90 


01/25 90 


02/01/90 


03/17/90 


06/01/90 


03/01/90 


02/08 90 


02/15/90 


03,31 90 


07,01/90 


03/15/90 


02/22/90 


03,01/90 


04/14/90 


07/01/90 


04/02/90 


03/ 12 '90 


03/19/90 


05,02 90 


08/01/90 


04/16/90 


03/23'90 


03/30/90 


05/16/90 


08/01/90 


05 01/90 


04/09 90 


04/17,90 


05/31,90 


09/01/90 


05/15/90 


04/24/90 


05/01/90 


06/14/90 


09/01/90 



* I'he "Earliest Effective Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the rule with The Administratiw Rules Review 
Commission by the 20lh of the same calendar month and that ARRC approves 
the nile at the next calendar month meeting. 



EXECUTIVE ORDERS 



KXKCL1IVK OKDKK MMHKK 82 

KXrKNDING KXI'IRAIION DA IK OV 

KXKC I IIVK. ORDKK MMHKK I 

K) .lAM AKY .?!, 1991 

Executive Order Number 1 issued January 31, 
1985, as amended by Fxccutive Order Number 
30 and extended by Fxecutivc Order Number 33, 
expires on .Ianuar\' 29, 1989. This executive or- 
der should continue in effect. 

NOW, nil Rl I ORF, IT IS ORDFRF.D, that 
Ivxccutive Order Number 1 dated January 31, 
1985, be extended up to and through Januar>' 31, 
1991. ^ -, 

This action is effective on the 29th day of Jan- 
uar>', 1989. 

EXKCl TIVK ORDFR NLMBF.R 83 

Ol 1 ICK OF STATF PRINTING 

It is my policy that the departments and agen- 
cies of the State shall pcrfonn their responsibil- 
ities in the most cost efficient manner 
commensurate with the effective performance of 
their responsibilities. 

Ihcrcforc, pursuant to the authority vested in 
me as Governor by the Constitution and laws of 
North Carolina and to the end that said policv 
may be fultiUcd, it is ORDITIIT): 

1. 1 here is created within the Department of 

Administration an Office of State Print- 
ing. 

2. The function of the Office of State Printing 

shall be to coordinate all printing done for 
the following departments and agencies 
of the State that heretofore has been co- 
ordinated by the Department of /Adminis- 
tration, Di\ision of Purchase and 
Contract: 

Department of Administration 

Department of Commerce 

Department of Correction 

Department of Crime Control and 
Public Safety 

Department of C?ultural Resources 

Department of Human Resources 

Department of Natural Resources and 
Community Development 

Department of Revenue 

Department of Transportation 

Office of State Persomiel 

Office of the Governor 

Office of State Budget 

3. In coordinating the printing for said de- 
partments and agencies the OtTice of State 
Piiiitina shall: 



(a) Maximize the usage of the printing 
equipment and facilities owned by the 
State. 

(b) I'jihance the efficiency of the printing 
equipment and facilities owned by the 
State by directing printing to the equip- 
ment and facilities most appropriate for 
the printing to be done. 

(c) In those instances in which printing 
cannot be done best by printing equip- 
ment and facilities owned by the State, 
coordinate with the Division of Purchase 
and Contract in awarding printing con- 
tracts to private vendors. 

4. To enable it to carry' out its responsibilities 
under this I'xccutive Order tlie Office of 
State Printing shall: 

(a) Adopt and implement appropriate poli- 
cies and guidelines; and 

(b) Continuously evaluate the State's 
printing needs and the most cost efficient 
ways of meeting them and make rec- 
ommendations concerning the same. 

Done in Raleisih, North Carolina, this 8th day 
of Febnjarv, 1989. 

EXFXLTIVE ORDFR NLMBFR 84 

AMENDMENT TO EXECl FIN E ORDER 

MMI5FR 79 

NORTH CAROLI.NA SMALL BLSINESS 

COUNCIL 

The first full paragraph of Fxecuti\e Order 
Number 79 dated January' 5, 1989, is amended to 
read as follows: 

There is hereby established a North Carolina 
Small Business Council. The Council shall 
be composed of at least 20 members with at 
least one member residing in each congres- 
sional district. All members shall be appointed 
by the Governor and serve at the pleasure of 
the Governor. Fhe Governor shall designate 
one of the rneinuers as chairman and one as 
vice-chairman. In addition to the minimum 
number of 20, the members shall include rep- 
resentatives to the National Federation of In- 
dependent Businesses, the North CaroUna 
Retail Merchants' Association, the Lnited 
States Small Business Administration, North 
Carohna Citizens for Business and Industry' 
and the North Carolina Food Dealers Associ- 
ation. 
All other provisions of F.xecutive Order Num- 
ber 79 shall remain in effect. 

Done in the capital city of Raleigh, North 
Carolina this 10th day of I'ebruan,', 1989. 



NOR TH CA ROLINA R EG IS TER 



1026 



PROPOSED RULES 



in LK 10 DKPAR IMKNT OF HUMAN 
RKSOl Rci:s 

l\otice is hereby gh-en in accordance with G.S. 
J SOB- J 2 thai the Department of Human Re- 
sources intends to amend ndes cited as 10 MCAC 
3G 3201, .3202. .3205. 

1 he proposed cffecth-e date of this action is July 
I. I9S9. 

1 he public hearing will be conducted at 4:00 
p.m. on .April 14, J9S9 at Department of Human 
Resources, Dixnsion of Facility Ser%-ices, Hearing 
Room 201 , 701 Barbour Drive, Raleigh, North 
Carolina 2^603. 



Co 



■omment Procedures: Address comments to 
Lynda McDaniel, Di\ision of Facility Senices, 
701 Barbour Dri\'e. Raleigh, \orth Carolina 
27603 by April 14. 19S9. Comments will also be 
received orally at the hearing. 

CHAPTER 3 - FACILITY SERMCES 

SLBCIIAITER 3G - RADIATION PROTECTION 

SECTION .3200 - FEES 



.3201 PURPOSE AND SCOPE 

(a) This Section establishes annual fees to cover 
the anticipated costs of inspection, educational 
and training activities of the agency. 

(b) The fees are imposed on persons registered 
pursuant to provisions of Section .2300 of this 
Subchapter, afi4 on persons licensed pursuant to 
provisions of Sections .2400 and .3000 of this 
Subchapter, and on persons apphing for out-of- 
state reciprocal recognition. 

(c) Notwithstanding Paragraph (b) of this 
Rule, no fee shall be imposed on any person in 
conjunction with the person's possession and use 
of any luminous safety device or luminous 
gunsight pursuant to the general licenses in Rules 
.2409 and .2411 of this Subchapter. For pur- 
poses of this Section, "luminous safety device" 
means an exit marker, hazard warning sign, safety 
related marker, or other safety equipment con- 
taining one or more radioactive material powered 
light sources for the purpose of improving legi- 
bility or visibility. 

Statuioty .-iuthority G.S. 104F-9(S): I04E-I9(a). 

.3202 PA^^1ENT DLE 



(a) All fees established in this Section shall be 
due on the effective date of this Rule and on the 
first day of July of each subsequent year. 

(b) Notwithstanding (a) of this Rule, when a 
new license or registration is issued by the agency 
after the frrst day of July of any year, the initial 
fee shall be due on the date of issuance of the li- 
cense or registration. 

(c) The initial fee m (b) of this Rule shall be 
computed as follows: 

(1) When any new license or registration is 
issued before the first day of Januarv' of 
any year, the initial fee shall be the full 
amount specified in Rule .3205 of this 
Section; and 

(2) When any new license or registration is 
issued on or after the first day of January 
of an}- year, the initial fee shall be one-half 
of the amount specified in Rule .3205 of 
this Section. 

(d) All fees recei\'ed by the agency pursuant to 
provisions of this Section shall be nonrefundable. 

(e) Each Hcensee or registrant shall pay aO fees 
by check or money order made payable to "Di- 
vision of Facility Ser\'ices - Radiation " and mail 
or deliver such payment to: Radiation Pro- 
tection Section, Di\ision of Facility Services, 
N.C. Department of Human Resources, P.O. 
Be^ 1221 1 0. 4JUaS^ Mar , rV , stfeet (Room G 21), 
701 Barbour Dri\e, Raleigh, North Carolina 
27605. 27603-2U08. 



Statutory Authority G.S. I04E-9(8): 104E- 19(a). 

.3205 FEE AMOUNTS 

(a) /Vnnual fees for persons registered pursuant 
to provisions of Section .2300 of this Subchapter 
are as listed in the following table: 



Type of registered 
facility 

Clinics 

Chiropractors 

Dentists 

Educational 

Government 

Podiatrists 

Industrial 

Industrial Medical 

Health Departments 

Hospitals 

Physicians 

Industrial Radiography 

Services 

Veterinarians 

Other 



Letters appearing 
in registration 
number 

A 

C 

D 

E 

G 

H 

I 

IM 

L 

M 

P 

R 

S 

V 

z 



1027 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Facility plus 
first X-ray 
tube 



r,ach additional 

X-ray tube to a 

maximum of 40 

additional X-ray 

tubes 



+S.4M) 70.1111 



4^4W 
4^T«tt 

4iW 
WWW 

:i^4W4 

4^44a 



70.00 


70.00 


50.00 


50.00 


70.00 


70.00 


100.00 


100.00 


150.00 


70.00 


15(1.00 


100. 00 


50.00 


70.00 



$ 


i^m 


12.50 


$ 


744a 


12.50 


$ 


744a 


12.50 


$ 


S IS 


111.00 


$ 


s :)s 


10.00 


$ 


7440, 


12.50 


$ 


744a 


12.50 


$ 


444ri* 


17.50 


$ 


-lO.^ 


17.50 


$ 


IOt^ 


22.50 


$ 


7440 


12.50 


$ 




22.50 


$ 






$ 


&ri^ 


10.00 


$ 


7440 


12.50 



(b) y\nnual fees for persons licensed pursuant 
to provisions of Section .2400 of this Subchapter 
are as listed in the following table: 

Type of Radioactive .Material license 

Specific license of broad scope 

-medical or academic 

-other 
Specific license 

-industrial radiography 
(with temporary subsites) 

-industrial radiograph\' (in plant only) 

-manufacture or distribution 

-medical institution other than 

teletherapy 

-medical prisate practice 

-medical teletherapy with one 

teletherapy unit 
and 

-each additional teletherapy unit 

-industrial acmeo izauszes 



-moisture-density gagop gauges 
-gas chromatographs 
-educational institutions 
-ser\'ices/consultants 
-other 
General licenses 
-industrial gages gauges 
-IN Vri'RO testing and others 



Annual Fee 



IQO.OO 

670.00 

305.00 

1X5.00 

155.00 

110.00 

125.00 

^0440 

105.00 

^iO440 

A0440 

155.00 

|i0440 

7^M40 

4^:0a 

40440 



.125.00 

,175.00 

600.00 

.^25.00 

275.00 

200.00 

225.00 

50.00 

175.00 

75.00 

75.00 

275.00 

75.00 

125.00 

75.00 

75.00 



(c) Annual fees for persons licensed pursuant 
to provisions of Section .3000 of this Subchapter 
are as hsted in the following table: 

Description of Fee 

-Facility with one accelerator 
-each additional accelerator 

Annual Fee 



$ 125.00 225.00 

$ aooa 50.00 

(d) Annual fees for out-of-state persons granted 
permission to use sources of radiation in this 
state pursuant to pro\isions of Rules .231 1 and 
.2445 of tliis Subchapter are the same as that 
pro\'ided tor in the applicable category specified 
in I'ara graphs (a), (b). and (c) of this Rule. Such 
fees are due when application for reciprocal re- 
cognition of an out-of-state license or registration 
IS made in the same manner as for a new license 
or registration as specified in Rule .3202. 

Stalutoiy Authoriiy G.S. l04E-9(8): I04E-I9(a). 



TrrLE 13 - DKPAR IMKM OF LABOR 



1\ otice is hereby given in accordance with G.S. 
J SOB- J 2 that the Department of Labor intends to 
adopt rides cited as 13 SCAC 7C .0105, .0/06. 



Th 



$ ^+4440 



Q25.00 



he proposed effcctixe date of this action is .lidv 
I. I9S9. 

1 he public hearing will be conducted at 2:00 
p.m. on .April 12. /9S9 at Conference Room, 
Room 249. Labor Building. 4 West Edcnton 
Street. Raleigh. .\C 2^60/.^ 



NORTH CAROLINA REGISTER 



102S 



PROPOSED RULES 



Co 



' ommenl Procedures: People wanting to pres- 
ent oral testimony at the hearing or who want to 
have written testimony read at the hearing should 
provide a written summary of the proposed testi- 
mony to the department by April 7, 1989. Oral 
presentations will be limited to 15 minutes each. 
Written statements not presented at the hearing 
will be accepted by the department until April 12, 
I9S9. All correspondence should be directed to 
Bobby Bryan, N.C. Department of Labor, 4 West 
Edenton Street, Raleigh, NC 2760/. Interpreters 
for the hearing impaired will be made awiilable if 
requested 24 hours in advance. 

CHAPTER 7 -OSHA 

SLBCIIAPTKR 7C - SAFETY AND HEALTH 

SECTION .0100 - GENERAL INDUSTRY: 
CONSTRLCTION AND AGRICLLTLRE 



.0105 BOILERS AND PRESSURE VESSELS 

(a) AO boilers and pressure vessels shall be 
operated and maintained in accordance with the 
rules set forth in 13 N.C.A.C. 13 which is hereby 
incorporated by reference. 

(b) Copies of these rules may be obtained at 
the offices of the division, from the Boiler and 
Pressure Vessel Division, or from the Office of 
Administrative Hearings. 

(c) This Rule is adopted in accordance with 
G.S. 150B-14(c). 

Statutory .Authority G.S. 95-/3/. 

.0106 ELEVATORS AND RELATED 
EQUIPMENT 

(a) All elevators and related equipment shall 
be operated and maintained in accordance with 
the rules set forth in 13 N.C.A.C. 15 which is 
hereby incorporated by reference. 

(b) Copies of these rules may be obtained at 
the offices of the division, from the Elevator and 
Amusement Device Division, or from the Office 
of Administrative Hearings. 

(c) This Rule is adopted in accordance with 
G.S. 150B- 14(c). 

Statutory Authority G.S. 95-13/ . 

rm.K 15 Dl PAR IMKM OF NAT URAL 

RKSOl RCK.S AM) COMMLTsM Y 

Di:\ELOPME\T 



Commission intends to amend rule(s) cited as 15 
NCAC 2B .0304. 

1 he propo.^ed effective date of this action is Au- 
gust /, /989. 

1 he public hearing will be conducted at 2:00 
p.m. on April 4, /989 at Town Hall, Burnsx'ille, 
North Carolina. 

\^ ommenl Procedures: All persons interested in 
this matter are invited to attend. Comments, 
statements, data, and other information may be 
submitted in writing prior to, during, or within 
thirty (30) days after the hearing or may be pre- 
sented orally at the hearing. Oral statements may 
be limited at the discretion of the hearing officer. 
Submittal of written copies of oral statements is 
encouraged. For more information, contact: Mr. 
Stephen Zoufalv. Dh-i.uon of Environmental Man- 
agement, P.O.' Box 27687, Raleigh, N. C. 276// 
(9/9) 733-5083. 

CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SUBCHAPTER 2B - SURFACE WATER 
STANDARDS: MONITORING 

SECTION .0300 - ASSIGNMENT OF STREAM 
CL.\SSIFICATIONS 

.0304 FRENCH BROAD RIVER BASIN 

(c) The French Broad River Basin Schedule 
of Classifications and Water Quality Standards 
was amended effective: 

(1) September 22, 1976; 

(2) March I, 1977; 

(3) Ausiust 12, 1979; 

(4) April 1, 1983; 

(5) August 1, 1984; 

(6) August 1, 1985; 

(7) Februarv' 1, 1986; 

(8) May 1, 1987; 

(9) March 1, 1989; 
(10) August 1. 1989. 

(e) The Schedule of Classifications and Water 
Quality Standards for the French Broad River 
Basin was amended effective August J^ 1989 as 
follows: 

(3) Cane Ri\cr (Index No. 7-3) from source 
to Bowlcns Creek and all tributaries were 
reclassified from Class C trout and Class 
C to Class WS-111 trout and Class WS-III. 



lyotice is hereby given in accordance with G.S. 
/50B-/2 t/iat the Emironmental Management 



Statutory Authority G.S. 143-2/ 4./; /43-2/5./; 
/43-2/5.3(a)(/). 



1029 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



****************** 



No 



otice K hcrehv f^h'en in accordance with G.S. 
I SOB- 1 2 that the Di\'ision of Coastal Management 
intends to adopt rules cited as 15 NCAC 7U .051 1 
- .05/4; 7K .0212; amend rules cited as 15 NCAC 
711 .0208 - .0209, .050/ - .0502, .0504, .0602; 7./ 
.0203 - .0204. .0207, .0306, .03/2. .0402 - .0403. 
.0408; and repeal rules cited as 15 NCAC 7.1 
.080/ - .0822. .090/ - .0909. ./OO/ - .1^03. 

J he proposed effective date of these actioru is 
July I, /9S9. 

1 he public hearing will be conducted at 9:00 
a.m. on March 3/ , /989 at Blockade Runner, 275 
Waynick Boulevard, \Vrights\ille Beach. NC 
28480. 



c 



ommcnt Procedures: .\ II persons interested in 
these matters are irnited to attend the public 
hearing. The Coastal Resources Commission will 
receive written comments up to the date of the 
hearing. Any persons desiring to present lengthy 
comments is requested to submit a written state- 
ment for inclusion in the record of proceedings at 
t/ic public hearing. Additional information con- 
cerning the hearing or the proposals may be ob- 
tained by contacting: /^ortia Rochelle, Dr\ision 
of Coastal Management, P.O. Bo.x 27687, 
Raleigh. NC 276//-76S7. (9/9) 733-2293. 

Cll AI'IFK 7 - COASTAL MANAGKMENT 

SL BCIIAPTER 711 - STATE Gl IDEIJNES FOR 
AREAS OF ENMRONMENTAE CONCERN 

SECTION .0200 - FUE ES IL ARINE S^S FEM 

AETERNATI\ E A 



.0208 USE STANDARDS 

(a) General Use Standcirds 
(5) Outstanding Rescnirce Waters are those 
estuanne and public trust waters classified 
hv the N.C. I'nxironmental Management 
Commission pursuant to I ille 15, Sub- 
chapter 2R .0216 (2f the North Carolina 
Administrati\e Code as Outstanding Re- 
source Waters (ORW) upon tindmg that 
such waters are of exceptional state or 
national recreational or ecological signif- 
icance. In those estuanne and public tmst 
waters classified as ORW hv the ln\i- 
ronmental Management ( 



Management Act will be approved unless, 
alter re\iew of a CAM A permit applica- 
tion, the Di\ision of I'nvironmental 
Management detennines that the pro- 
posed de\ek)pment will maintain the ex- 
ceptional water quality and outstanding 
resource values of the ORW. 

Statutory Authority G.S. /l3A-/07(a); 
//3A-l()7(b); //3A-//3(b); //3A-/24. 

.0209 ESFL ARINE SHORELINES 

(c) Use Standards 
(9) WTicrc an cstuarinc shoreline is contiguous 
to estuanne or public trust waters classi- 
fied by the N.C. Invironmcntal Manage- 
ment Commission as Outstanding 
Resource Waters (ORW). no pennit re- 
quired pursuant to the Coastal Area 
Management Act will be approved unless, 
alter re\iew of a CA.MA permit applica- 
tion, the Division of I'nvironmental 
Management determines that the pro- 
posed deselopment will maintain the ex- 
ceptional water qualitv and outstanding 
resource values of the ORW. 

Statiuoiy Authority G.S. //3A- /07(b); 
//3A-l6S: //3A-//3(b): 1/3A-/24. 

ALTERNATIVE B 



.0209 ESTLARINE SHORELINES 

(b) Description. Cstuarinc shorelines are those 
non-ocean shorelines which are especially vul- 
nerable to erosion, flooding, or other adverse ef- 
fects of wind and water and are intimately 
connected to the estuary. This area extends from 
the mean high water level or normal water level 
along the estuaries, sounds, bays, and brackish 
waters as set forth in an agreement adopted by 
the Wildlife Resources Commission and the De- 
partment of Natural Resources and Community 
Development [described in Regulation .0206(a) 
of this Section] for a distance of 75 feet landward. 
I or those estuarine shorehnes immediately con- 
tiguous to waters classified as Outstanding I^e- 



Watei 



Management 



s b\ the 
Commission, 



■n\ironmental 



the 



estuanne 



shoreline .AfC shall extend to 575 feet landward 



from the mean high water level or nomial water 



le\el. H(n\e\er. an alternative boundar\ maN' be 
established bv the Coastal Resources (\)mmis- 



ommission, no 



sion following the legally required public heanng 
within the affected counties containing waters 
classified as Outstanding Resource Waters. 



permit required by the Coastal Area (e) Lse Standards 



NORTH CAROLINA REGISTER 



1030 



PROPOSED RULES 



(9) Within the AFC for cstuarinc shorelines 
contiizuous to waters classilicd as Out- 
standins Resource Waters h\ the f^MC', 



no ('A MA permit \\'ill be appro\cd unless 
the proposed de\elopmcnt has a built 
upon area of 25 percent or less, and. 
(/\) has no stormwater collection SNStcm; 

(B) IS at least 3U feet from water classified 
as ORW: and 

(C) it IS demonstrated that no areas within 
the project site arc of such hidi density 
that stonnwater threatens the wdlcT qual- 
ity of the ORW. 

Statutoiy Authority G.S. II3A-I07ib); 
JJ3A-/68: II3A-Il3(b); II3A-I24. 

AI.IKRN.VTIX E C 



.0209 ESTLARINE SHORELINES 

(b) Description. Estuarine shorelines are those 
non-ocean shorelines which are especially \'ul- 
nerable to erosion, flooding, or other adycrse ef- 
fects of wind and water and are imtimately 
connected to the estuary. This area extends from 
the mean high water level or normal water level 
along the estuaries, sounds, bays, and brackish 
waters as set forth in an agreement adopted by 
the Wildlife Resources Commission and the De- 
partment of Natural Resources and Community 
Development [described in Regulation .0206(a) 
of this Section] for a distance of 75 feet landward. 
For those estuarine shorelines immediately con- 
tiguous to waters classified as Outstanding Re- 
source Waters by the Fn\ironmental 
Management Commission. the estuarine 
shoreline AFC shall extend to 575 feet landward 
from the mean high water level or normal water 
level. However, an alternative boundar.' mav be 



established bv the Coastal Resources Commis- 



sion following the legalh' required public hearing 
within the affected counties containing waters 
classified as Outstanding Resource \Vaters. 



(e) L se Standards 
(9) Where an estuarine shoreline is contiguous 
to estuanne or public trust waters classi- 
fied bv the N.C. l'n\ironmintal Manage- 
ment Commission as Outstanding 
Resource Waters (ORW), no permit re- 
quired pursuant to the Coastal Area 
.Management ,\ct will be appro\ed unless, 
after re\iew of a C.\M.\ permit applica- 
tion, the Division of Fn\ ironmental 
Management detcrmijies that the pro- 
posed de\elopment will maintain the ex- 
ceptional water quality and outstanding 
resource values of the ORW'. 



Statuton' Authority G.S. II3A-I07(b); 
ll3A-l6S: //3A-1 13(b): II3A-I24. 

Al.TERN.VTIN E D 



SECTION .0500 - N.VTLRAE AND CLLTLRAL 
RESOLRCE AREAS 

.0501 GENERAL 

The fourth and final group of AFCs is gathered 
under the heading of fragile coastal natural and 
cultural resource areas and is defined as areas 
containing environmental, natural or cultural re- 
sources of more than local significance in which 
uncontrolled or incompatible development could 
result in major or irreversible damage to natural 
systems or cultural resources, scientific, educa- 
tional, or associative values, or aesthetic or rec- 
reational qualities. 

Statulor\- Authority G.S. II3A-I07(a); 
113A-l67(b): //3A-/!3(b)(4e) to (b)(4g); 
II3A-I24. 

.0502 SIGNIFICANCE 

(a) Fragile coastal natural resource areas are 
generally recognized to be of educational, scien- 
tific, economic, biological, or cultural value be- 
cause of the natural features of the particular site. 
These features in the coastal area ser\'e to distin- 
guish the area designated from the vast majority 
of coastal landscape or waters and therein estab- 
lish its \alue. Such areas may be key compo- 
nents of systems unique to the coast which act 
to maintain the integrity of that system. 

Statutory^ .Authority G.S. I I3A-I07(a),(b); 
IJ3A-//3(b)(4e) to (b)(4g); II3A-I24. 



.0504 AECs WITHIN CATEGORY 

The description, significance, and management 
objectives for each AFC (coastal complex natural 
areas, coastal areas that sustain remnant species, 
unique coastal geologic formations, significant 
coastal architectural resources, and significant 
coastal histonc architectural resources) within the 
grouping of fragile coastal natural and cultural 
resource areas follows in Regulations .0505, 
.0506, .0507, .0509. aft4 .0510, and .0511 of this 
Section. 

Slatutoij Authority G.S. 1 1 3A-I07(a),(b); 
//3A-/I3fbj(4ej to (b)(4h): 1 13.4-124. 

.051 1 OLTSTANDING RESOLRCE W.\TERS 
IMPACT AREAS 



lOil 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(a) Description. In accordance with Title 15, 
Subchapter 2B .0216 of the North Carolina Ad- 
ministrative Code, the linvironmcntal Manage- 
ment Commission (FiMC) may classify "...certain 
unique and special surface waters of the state as 
outstanding resource waters (ORW) upon find- 
ing that such waters are of exceptional state or 
national recreational or ecological 
significance...." It is considered likely that the 
liMC will, pursuant to petitions for julcmaking 
and upon a finding that such waters have excep- 
tional water quality and outstanding resource 
values, designate as ORWs certain estuarine wa- 
ters in coastal North Carolina. Since the type 
and density of development in ORW waters and 
land areas adjacent to waters designated ORW 
can have an adverse impact on the integrity of 
water quality and resource values in the ORW, 
coastal waters classified ORW by the liVK^ and 
land areas contiguous to a designated ORW are 
defined as ORW Impact Areas of F.nsironmental 
Concern. The landward extent of an ORW Im- 
pact AHC will be at least 75 feet landward of the 
mean high water level or normal water level. 
The maximum landward extent will be deter- 
mined on a casc-by-case basis based on the po- 
tential impact on the ORW from nonpoint 
source water pollution as determined by the 
CRC. 

(b) Significance. Development on lands adja- 
cent to or bordering designated ORWs has the 
potential to degrade the water quality and re- 
source value of the waters classified ORW 
through nonpoint source water pollution. Reg- 
ulating uses of both these waters and the density 
and type of development on adjacent lands is 
necessary to ensure the integrity and resource 
value of these waters. 

(c) Management Objective. To ensure that 
development in designated coastal ORWs and 
adjacent land areas is compatible with the need 
to protect these waters from degradation of water 
quality and diminution of their resource value. 

Statutory Authority G.S. I I3A-1 I3{b)(4): 
I ISA- 1 24. 

.0512 NOMINATION AND DESIGNATION 
PROCEDl RF.S 

Environmental Management Commission 
(EMC) acceptance of a petition for a site specific 
water body as a candidate for Outstanding Re- 
source Waters (ORW) classification shall be the 
exclusive means of nomination of ORW Impact 
AECs. At the next meeting of the CRC after 
EMC acceptance of an ORW nomination, the 
CRC will direct and coordinate a staff analysis 
and preparation of specific use standards and 



boundaries for ORW Impact AECs. To the ex- 
tent allowed by law, staff review and requisite 
public hearings shall be fully coordinated with 
the EMC, Marine Fisheries Commission and any 
other appropriate regulatory bodies. 



Statutory Authority G.S. 
II3A-Il3{b)(4): II3A-I24. 



II3A-I07(a)(b); 



.0513 GKNKRAL IJSK STANDARDS 

The proposed design, location, and use of de- 
velopment in designated coastal ORW Impact 
AECs shall maintain the exceptional water qual- 
ity and outstanding resource values of the waters 
upon which the ORW classification is based, in- 
cluding: 

(1) I'rcsen.'ation of the value of the stated in- 
dividual biological and/or economic re- 
sources identified by the EMC; 

(2) Not adversely affecting the outstanding sci- 
entific associative or educational resources 
identified by the EMC; and/or 

(3) Consistency with the recreational values of 
the resource as defmed by the EMC. 

Statutory' Authority G.S. I I3A-I07(a).(b); 
II3A-Il3(b); II3A-I24. 

.0514 SI'KCII IC LSE STANDARDS 

Site-specific land use and water use standards 
for an ORW Impact AEC will be adopted on a 
casc-by-case basis after the classification of a 
coastal water body as an outstanding resource 
water. 1 hese use standards will be developed Ln 
conjunction with management plans prepared by 
the Di\ision of Environmental Management and 
approved by the EMC for each designated 
coastal ORW. 

Statutory Authority G.S. 1 1 3A- 107(a) ,(b); 
II3A-Il3(b); II3A-I24. 

SECTION .0600 - DEVELOPMENT STANDARDS 
APPLICABLE TO ALL AECs 

.0602 POLLUTION OF WATERS 

(a) No development shall be allowed in any 
AEC which would have a substantial likelihood 
of causing pollution of the waters of the state in 
which shellfishing is an existing use to the extent 
that such waters would be officially closed to the 
taking of shellfish. This rule shall also apply to 
development adjacent to or within closed 
shellfish waters when a use attainability study of 
those waters documents the presence of a signif- 
icant shellfish resource in an area that could be 
expected to be opened for shellfishing given rea- 
sonable efforts to control the existing sources of 
pollution. 



NORTH CAROLINA REGISTER 



1032 



PROPOSED RULES 



(h) In waters and land aruas adjacent to waters 
tluit ha\'e heen iioininatcd tor OI^W dcsiLmatu^n 
and ha\e heen accepted by the \ NIC as candi- 
dates tor intensne stud\ and piihhc hearintz. per- 
mits for de\ elopmeiit will not he approved unless 
the proposed development maintains the exeep- 
tuMial water qualits and outstanding; resource 
values oi the nominated ORW. 

Statuton,! Authonlv G.S. I l3A-l07(a),(b); 
ll3A-l24. 

SI BCIIAPTKR 7.1 - PROCEDLRF.S FOR 

IIA\DMN(; M A.IOR DKNKLOPMFNT 

I'KRMI IS: \ ARIANCK RF.Ql FSTS: 

AI'I'FAFS FROM MINOR l)F\FLOPMENT 

I'FRM FF l)K( FSIONS: AND 

DFC FARAFOR^ RFFINGS 

SECTION .0200 - APPFICATION PROCESS 

.0203 PREPARATION OF WORK PLATS 

(a) General. Project plans or work plats must 
include a top or plan\iew. a cross-sectional view, 
and a location map. Work platr . mur . t tn* - jub 
mittod €+«■ y . 1 2 i^ 4-4- plain ' ■ vhite ' pape'r. mur . t 
haso a ono tbuilh inch mariiin »« aW four rddor . . 
a«4 nuu i t contain » t-rt4e block »h4 page numbor. 
\\\ plats must ha\e the standard north arrow. 
\\"hc'n P.¥e- drawinij ' " . mh? '. ho' i vn en* t4+* wHwe 
r . hoot. they ^hinild W drawn w* Aa4- their 
mondianc . afi* parallel. North should be at the 
top of the plat. ?4+& drawing mur . t be m black 
pencil f*f black iftlrr The prints must be neat and 
sufficienth" clear to pennit photograpliic reprod- 
uction. Originals are preferred as copies are often 
found to be unacceptable. The applicant should 
use as few sheets as necessary to show clearly 
what is proposed. Work plats must be accurately 
drawn to scale. A scale of I" = 200' or less is 
normally required in order that project detail can 
be easily understood. 

(b) Details of Work Plats 

(I) Topvicw or Planview Plats. Such 
drawings must show existing and pro- 
posed features such as dune s\stems. 
shorelines, creeks, marshlands, docks, 
piers, bulkheads, excavated areas, fill 
areas, type and location of sewage treat- 
ment facilities and effluent outlets. Both 
Txisting water depths must be indicated 
using mean low water as base or zero. 
These can be shown either as contours or 
spot elevation. Care should be used in 
indicating which features are existing and 
wliich are proposed. Propert\" bounda- 
ries, as they appear on the deed, and the 
names of adjacent property ou ners must 
be shown on the detailed plat. The work 



plat must cicarh' show t4^ any areas to 
be excavated and exact locality for dis- 
posal of the exca\'ated material. Both 
thc ' i . i ' area ' ' i mur . t ^ clearly indicated i*y 
hd '. h mark ', h* other meuu ' i e«- ali copiei r 
»h4 •i Uitably designated t>¥ ' ■ vord - .i. When 
fill matenal is to be placed behind a 
bulkhead or dike, the plan must be sulTi- 
ciently detailed to show the exact location 
of such buLklicads or dikes, and the ade- 
quacy of the bulkhead or dike to confine 
the material. t44* ttft4 flood h4«» 4i- 
rc'ctionr . Bf uprtrt'am do V i not ream flow 
dir e ctiona l ef river e* i . tream t» appropriate 
mu ' . . t i*e indicated »» the plan. Alr . o, 
where pertinent, fror . h w-ater outflow;;, 
f i Uch *^ natural drainage router . , rpringr . , 
pondo. c4er muL . t be included. Indicate 
approximate mean low and mean high 
water lines and the presence of marsh in 
the area of proposed work. In areas 
where the ditTcrence in daily low and high 
tides is less than six inches, only an aver- 
age water level must be indicated. 

(2) Cross-Section Drawing. A cross-sectional 
diagram showing depth and elevation of 
proposed work relative to existing ground 
level -- mean low and mean high water 
line must be included in the plan. The 
mean low water must be the reference for 
water depths and land elevations (i.e., 
mean low water should be depicted as 
"Elevation 0.0 MLW). First floor ele- 
vations relative to mean sea level must be 
shov\n lor anv proposed buildings. 

(3) i ocation .Map. A map of small scale 
showing the location of the proposed 
work is also required. ?4*e location map 
H«y t*e »» a reparatg rheet , m- fway l*e 
drawn a^ aft lU '. et map e» a com e r e4" t4+e 
rheet '. hov , mg Ae detailf . e4 t4%e project. 
4-4te in '. ol Ht prelerred. A section may t>e 
taken from a navigational chart, e* a 
North Carolina county road map vv ' ith a» 
a now drawn to Ae project location. The 
location map must provide adequate in- 
fonnation to locate the project site, r . uch 
ari '. econdap . nKid numb e r'j te- e nabl e 
inve '. tigatoP i personnel to locat e t4+e 
project -+(1^ 

(4) Title of Drawing. Each drawing must 
have a simple title block to identify the 
project or work, and shaU include name 
of applicant. aft4 date the plat was pre- 
pared, and scale of the plat. 'I'he date of 
any revisions must be clearly noted. The 
applicant must also include the name of 



1053 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



the person who drew the plat and the 
scale of the plat. 

Statutory Authority G.S. //3A-//9; II3A-I24. 

.0204 PROCKSSINt; THE AIMMJCATION 

(b) Application processing will begin when an 
application is accepted as complete-. Before an 
application will be accepted as complete, the fol- 
lowing requirements must be met; 

(5) notice to adjacent riparian landowners 
must be given as follows: 
(A) Certified return mail receipts (or copies 
thereof) indicating that adjacent riparian 
landowners (as identified in the permit 
application) have been sent a copy of the 
application for notic e trf the proposed dc- 
\elopment must be included in a CAMA 
major development and or dredge and fill 
permit application. Said landowners have 
30 days from the date of notification in 
which to comment. Such comments will 
be considered bv the department in 
reaching a final decision on the applica- 
tion. 



Statutory Authorilv G.S. 
II3A-I22(c): H3A-I24. 



113-229: II3A-II9: 



.0207 AGENCY REVIEW/COMMENTS: MAJOR 
DEVELOPM EM /DREDGE AND FILL 

(f) The Di\ision of Coastal .Management is one 
of the state agencies that comments on dredge 
and fill project applications. In its role as a 
commenting agency the division will use ih# fo^ 
lowing criteria in J_5 NCAC 7H and local land 
use plans to assess whether to recommend permit 
issuance, permit issuance with conditions, or 
permit denial, t'lcmontri ef a- project which aw 
ftet addr e r .j. L ' d ift- t4+e follo^s'ing crit e ria Fftay »fe** 
be considorod ift ar i sor p f i ing a project aft4 making 
recomm e ndations. Other commenting state 
agencies will make assessments, in accordance 
with Paragraph (c) of this Rule. Bis ir . ion crit e ria 
afe as foUowo: 

(4^ Channols mu '. t be aligned »f located se 
as te- a' i 'oid highly productive r i hellfinh 
beds, »f bedr . ^ submerged vegetation. 
(3) Projects should be designed s» as »»<■ to 

cr e at e stagnant svater bodies. 
(4} Marinas a«4 boat- basins must be dosel 
oped e» adjiic e nt high ground so as He4- 
to disturb ' . 'aiuablo w e tland areas. 
(4^ Ixcavation of canals ift liigh ground 
should employ t4*e Hse »f a t e mporary ' 
e arth e n plug of other methods to mini 
mLi'.e siltation of adjacent water bodies. 



(^ Project construction should be accom 
pli ' .ihed during periods of leas*- significant 
biological activity. 

^ 44*e project should be located so as Hot- 
to adversely impact upon a primary nurs 

hUs^ o ri ^.' t 

f^ Channels aft4 boat basins generally must 
Hot- involve afty e xcavation ift highly pro 
ductive St4t cordgrass (Spartina 
allernillora) marshes. 
f&) Mat e rials must not be e xca' i ated from 
highly productive tidelands, bottoms, aH4 
marshlands fof the sote purpose of ob- 
tuining fiiir 
(^ Bulkhead alignment, fof the purpose of 
shoreline stabli/ation, should approximate 
tbe mean btgb water (MIIW) Ime ofr ift 
the absence of t+tiai influences, the normal 
watef fate (NWl ). 

f+0^ Bulkhead^ f S f hould be constructed inland 
of marshland aft4 marshgrass fringes. 

(4-44 Bulkhead ftU matenal should be obtained 
from aft upland source. If the bulkhead 
is a paft ot a project involving excavation, 
the material so obtained may be used as 
a backfill. 

fW) Drainage canals located througli any- 
mar '. hkind should not exceed si* feet wid e 
by- foftF feet deep unless it eao be shown 
by hydraulic e ngine e ring that larger di- 
mensions afe required. 

(44) Spoil derii i ed from the construction of 
maintenance of drainage canals through a 
regularly of irregularly flood e d marsh 

^^^^^^^^^ji f^ L- 1 I I t * '-^ L- r^ r^ t I V-\.f \* r-K t-w r^ 1 i-t y -^ j-fc ^ < r-x 9-\ \-\ ^ i-^\-\ 

rrnTrmxT 1 1. ,' <j 1 1 1 1 1 t'tttttt i .' i. i i i il^ i..'ilivv,tj rrrr mrjT 

ground. Projects of this typo wili be 
considered oh a case by case basis. 
(44) Aii excavated materials should be con 
fined Oft high ground landward of regu 
kirly Of iiT e gukirly flooded marshland, -tft 

Oft higli ground behind adequate dikes of 
other retaining structures to prev e nt the 
materials trom entering any marsh of a4- 
jacent waters. 

(4-^ -Ift a hydraulic dredging operation the 
tenninal eft4 of the dredge pipeline should 
be positioned at of greater than -^ feet 
from afty paft of the di4-» aft4 a maximum 
di ' itance from spillways to allow adequate 
j i etll e ment of '. u i. pended sulid i i. 

(44) I ffluenl from diked areas receiving 4is- 
posal from hydraulic dredging operations 
should be contained by pipe, trougli, of 
similar device to a point at Of below the 
mean low watef hfte to pr e v e nt gully efo- 
sioft aft4 resultant unnecessary siltation. 



NORTH CAROLINA REGISTER 



1034 



PROPOSED RULES 



WliL ' ii projoot dLT . ign » m connict v4#t thof i o en- 
tefw a«4 iIkto t^ «*♦ ll'm . iblL ' wtty thrri- At» proJL ' ot 
ewH- 1*«* inaJ e to- c mi to mi t-w- t4+e cntona. m- inulcing 
jte diJci ' MOii (4+e dL ' purtin e nl Vr+H- ta4«^ twte ucoount 
domon ' . . trutL'J public boncfit sshich wiii r e sult 
from A*» proJL ' L-t i» olT '. ottinu A<* advori- . o ofTecto 
e4-' At* prctJL'ct. te -. uch cu '. l ' i . tht» ajiplicunt must 



Liho' . v A«4- At» proJL ' ct ouild ho*- l*r* uudoilukon 
eft anc'th e r site se- i*s to- ul1iil" i ij similar public 
bonL ' fits without conflicting Vr4+fe tlw cnturiu. t4^T*4- 
At^ lirojoct rL ''i ult !. ift public bt ' ii e lit. aft4 A*ri- t4w 
public benefits cleurly ouCveigli t4^ k+ftg runw 
ads'i^rs e olTocts ef the project. 

Statutory Authoritv G.S. 113-229: 

II3A-I24(a)(n: I I3A-I24(c)(5). 

SECTION .0300 - HEARING PROCEDURE 

.0306 ACnON I'ENDING FINAL DISPOSITION 

Pending the final decision 'u\ a contested case, 
no action may be taken that would be unlawful 
in the absence of an issued CA\IA and or dredge 
and fill permit. 

Statutoiy Authority G.S. 1 I3A-1 21 .1 (d) and (e). 

.0312 SETTLEMENT 

(b) The commission hereby delegates to the 
director the authority to enter into settlements 
of appeals concerning CA\L\ permits and dredge 
and fill permits prior to the time the administra- 
tive law judge opens the hearing on the permit 
appeal. The director may enter into a settlement 
without the commission's appro\'a]. Such a 
settlement shall not be considered a final com- 
mission decision, but shall be subject to appeal 
pursuant to G.S. 113A-121.1 and G.S. 
1 13-22Q(f). The department shall provide public 
notice of any settlement entered into prior to the 
opening of the administrative hearing in the same 
manner as it proxides public notice of permit 
decisions. 



Statutorv Authoritv G.S. 
II3A-124. 



113A-I20; 1I3A-I22: 



section .0400 - final approval and 
enforcemp:nt 

.0402 CRI rERI,\ FOR (;RANT OR DENIAL 
OF PERMI I APPI ICAFIONS 

(c) If the depart inent denies an application for 
a pennit. the applicant will be notified b\' regis- 
tered mail of the action of the department and 
the grounds for that action. 



Statutoty Authority G.S. II3A-I20. 



.0403 l)E\ ELOPMENT PERIOD/ 

COMMENCEMENI /CONTINUATION 

(a) All de\clopmcnt initiated pursuant to a 
CA\TA and or dredge and fill permit shall be 
completed by December 3 1 of the third year fol- 
lowing the year of permit issuance. 

Statutory Authority G.S. I I3A-I24(c)(5). 

.0408 MOL.\LION OF A PERMIT 

(b) Any person who shall be adjudged to have 
knowingly or willfully violated any provisions of 
G.S. 113A-100 to -128, GS_ 113-229(k) or any 
regulation, rule or order within these or any other 
administrative procedures properly adopted by 
the commission, shall be guilty of a 
misdemeanor, and for each \iolation shall be Ua- 
ble for a penalty of not less than one hundred 
dollars ($100.00) nor more than one thousand 
dollars ($1,000) or shall be imprisoned for not 
more than 60 days, or both. In addition, if any 
person continues to violate or further violates 
any such provision, regulation, rule or order after 
written notice from the designated local official, 
the court may determine that each day during 
which the violation continues or is repeated 
constitutes a separate violation subject to the 
foregoing penalties. 

Statutory Authority G.S. I I3A-126. 

SECTION .0800 - DREDGE AND FILL: PERMIT 

PROCESSING PROCEDURE: STANDARD 

(REPEALED) 

.0801 DEFINITIONS 

.0802 APPLICATION FORMS 

.0803 PREPARATION OF WORK PLATS: 

GENERAL 
.0804 PREPARATION OF \V ORK PLATS: 

SPECIFIC 
.0805 AD.IACENT RIPARIAN LANDOWNER 

NOIIFICAIION 
.0806 APPLICATION PROCESSING 
.0807 FIELD INVESTIGATION 
.0808 AGENCY REV lEW AND COMMENTS 
.0809 CRITERIA FOR PROJECT PLANNING 

AND E\ ALL ATION 
.0810 FINAL ACTION 
.0811 NO! ICE OF DENIAL 

.0812 APPEAL OF DEPARTMENTAL ACTION 
.0813 PERMIT ISSUANCE AND TRANSFER 
.0814 PERMIL EXPIRAIION 
.0815 PERMI I RENEWAL 
.0816 PERMI I MODIFICATION 
.0817 PERMI I ( ONDI IIONS 
.0818 PRO.IECr MAIN lENANCE 
.0819 MAINIENANCE REQl EST 
.0820 CONDITIONS FOR MAINTENANCE 
.0821 GRANT OR DENIAL OF MAINTENANCE 

REQUESr 
.0822 V lOI ATION OF PERMIT 



1035 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Statutory Authority G.S. II3A-Il8(c); 
IBA-Il9{a); I ISA- 1 24(c) (5); 113-229. 

SFXriON .0900 - DRKDCE AND FILL: 
EMERGENCY PERMIT I'ROCEDLRE 
(REPEALED) -, 

.0901 PURPOSE 

.0902 DEFINITIONS 

.0903 INITIATION OF EMERGENCY PROCESS: 

ON-Sn E INVESTIGAIION 
.0904 PROCEDURES FOR EXEMPTING 

EMERGENCY MAINTENANCE: REPAIRS 
.0905 APPLICABILITY OF EMERGENCY 

CAMA: DREDGE AND FILL PERMITS 
.0906 PREPARATION OF EMERGENCY 

PERMIT APPLICATION 
.0907 NOTIFICAIION OF ADJACENT 

RIPARIAN LANDOV\"SERS 
.0908 REVIEW AND ISSUANCE OF 

EMERGENCY PERMIT 
.0909 LIMITATION OF EMERGENCY WORK 

Statutory Authority G.S. 1 13A-103(5)b.5; 
II3A-II8 l.c: II3A-II9; Il3-229(el). 

SECTION .1000 - DREDGE AND FILL: REVIEW 

HEARING PROCEDURES 

(REPEALED) 

.1001 WHO IS ENTITLED lO HEARING 
.1002 PARTIES 
.1003 PROCEDURES 

Statutory Authority G.S. 113-229; I SOB, Article 
3. 

SUBCHAPTER 7K - ACTIVITIES IN AREAS 

OF ENVIRONMENTAL CONCERN WHICH DO 

NOT REQUIRE A COASTAL AREA 

MANAGEMENT ACT PERMIT 

SECTION .0200 - CLASSES OF MINOR 

MAINTENANCE AND IMPROVEMENTS 

WHICH SHALL BE EXEMPTED FROM THE 

CAMA MAJOR DE\ ELOPMENT PERMIT 

REQUIREMENT 

.0212 ORW AEC EXEMPTION 

Within the AEC for shorelines contiguous to a 
waters classified as Outstanding Resource Waters 
by the HMC, no CAMA permit will he required 
if the proposed development has a built upon 
area of 25 percent or less, and: 

(1) has no stormwater collection system; 

(2) is at least 30 feet from water classified as 
ORW; and 

(3) it is demonstrated that no areas within the 
project site are of such high density that 



stormwater threatens the water quality of the 
ORW. 

Statutory Authority G.S. I I3A- I03(5)c. 

TITLE 21 OCCl PATIONAL LICENSCsG 
BOARDS 



ly oticc is hereby given in accordance with G.S. 
I SOB- 1 2 thai the Sorth Carolina Board of Land- 
scape Architects intends to amend rule(s) cited 
as 2 J NCAC 26 .01 OS. 



Th 



he proposed effective date of this action is Julv 
I. 1989. 

1 he public hearing will be conducted at 1 1 :00 
a.m. on April 6, 1989 at First Floor Conference 
Room, Caswell Building, 3700 National Drive, 
Raleigh, NC 27612. 



Co 



' omment Procedures: Persons wishing to pres- 
ent oral data, views or arguments on a proposed 
rule may file a notice with the Board at least 10 
days prior to the public hearing. Any person may 
also file a written submission concerning data, 
comments or arguments at any time until the date 
of the hearing. Submissions should be mailed to 
the Board at P.O. Box 26SS2, Raleigh, NC276II. 

CHAPTER 26 - LICENSING BOARD OF 
LANDSCAPE ARCHITECTS 

SECTION .0100 - STATUTORY AND 
ADMINISTRATIVE PROVISIONS 

.0105 FEES 

(a) Application fees shall be as follows: 

(1) For registration as a L.andscape Architect 
- seventy five dollars ($75.00). 

(2) For corporate certificate of recjstration - 
one hundred dollars ($100.00).'' 

(b) The Certificate of Permit for a temporary 
permit shall be one hundred fdty dollars 
($150.00). 

(c) Examination fees shall be two hundred fifty 
dollars ($250.00) for a complete examination, 
and shall be paid prior to the examination. 

(d) Fees for portions of examinations wiU be 
based on the actual charges to the board for 
procuring, administering and grading the portion 
of the exam. The fees shall be paid prior to the 
examination. 

(e) The fee for license by reciprocity shall be 
one hundred fifty dollars ($150.00). 

(f) The fee for a corporate certificate of regis- 
tration shall be two hundred dollars ($200.00). 



NORTH CAROLINA REGISTER 



1036 



PROPOSED RULES 



(g) The fee for the annual renewal of any cer- 
tificate of registration shall be fiAv dollara 
(S50.0n). seventy five dollars ($75.00). ' 

(h) /\nnuai renewal fees received alter July 1 
of each year shall be subject to the assessment 
of a late payment penalty according to the fol- 
lowing schedule: 

(1) "After July 1 - ten dollars ($10.00); 

(2) After September 1 - fifteen dollars 
($15.00); 

(3) After October 1 - twenty dollars ($20.00); 

(4) After November 1 - twenty fi\e dollars 
($25.00); 

(5) After December 1 - thirty dollars ($30.00); 

(6) After Januarv 1 - thirtv five dollars 
($35.00); 

(7) After February 1 - fortv dollars ($40.00); 

(8) After March 1 - fortv five dollars ($45.00); 

(9) After Apnl 1 - fifty dollars ($50.00). 

(i) The fee for re-issue of a lost or damaged 
certificate or permit is ten dollars ($10.00). 

Statutory Authority G.S. S9A-3(c); S9A-6. 



ly otice is hereby given in accordance with G.S. 
1503-12 that the State Board of Examiners of 
Phunbing and Heating Contractors intends to 



amend rule(s) cited as 21 XCAC 50 
.0105, .0107, .0301, .0303 - .0304. .0306 
.0309, .0402 - .0411. .0501. .0503. .0505 
and adopt 21 SCAC 50 .1001 - .1013, 
.1103. 



.0103 - 

- .0307, 

- .050S; 
.1101 - 



Th 



he proposed effective date of this action is Julv 
1, 19S9. 

I he pubUc hearing will be conducted at 2:00 
p.m. on April 5, 1989 at McKimmon Center. 
Corner of Gorman St. and Western Blvd., P.O. 
Box 7401, Raleigh. \C 27695-7401. 

(^ omment Procedures: Any person interested in 
these ndes may present oral comments relevant to 
the proposals at the public hearing or deliver 
written comments to the Board prior to May 5, 
1989, at the Board's mailing address: P.O. Box 
110. Raleigh, .\C 2^602. Anyone wishitig to ad- 
dress the Board at the public hearing should notify 
the Board by noon on April 4. 1989. that they wish 
to speak on the proposals. Oral presentations will 
be limited to 5 minutes per speaker. 

CH.APTFR 50 - BO.\RD OF IM.IMBING .\ND 
IIK.\TING COMKACrORS 



SECTION .0100 - ORGANIZATION 

.0103 ORGANIZATION: OFFICERS: DUTIES 

(a) I-'or the purpose of carrv-ing out the pro- 
visions of the General Statutes of North 
Carolina, Chapter 87, Article 2, there shall be 
elected from the members of the Board a chair- 
man, vice-chairman and secretar>'-treasurer. The 
chaimian, vice-chainnan and secretary-treasurer 
shall be elected at the first regular meeting of each 
year and shall assume office on April 22nd 25 
following election. It shall be the duty of the 
chairman to call and preside over all meetings of 
the Board and perform such other duties as may 
come within the jurisdiction of his office. It shall 
be the duty of the vice-chairman to function as 
chairman or 5ccretar>-treasurer in the event of 
their absence or inability. The secretary-treasurer 
shall be responsible for the keeping of all official 
records of the Board. 

(b) The chairman, \ice-chairman, secretary- 
treasurer, executive secrctarv" and other employ- 
ees designated by the Board, shall give an 
indemnity and faithful performance bond in such 
an amount as may be prescribed by the Board. 
The said bonds shall be written by some ap- 
proved bonding company authorized to do busi- 
ness in the State of North Carolina, and the cost 
of same shall be paid from funds received by the 
Board. 

Statutory Authority G.S. 87-12 to 87-20; 87-27. 

.0104 E.\ECLTI\ E SECRETARY: EMPLOYEES 

(a) The Board shall employ a full time execu- 
tive secrctan,', aft4 oth e r umplo; < oos roquirod t» 

f f-\ ^^x -"i ("1 rx~\ 1 T1 1 1 t f '"! t ' '"^ '"* '"^ T tl^^ «■-»«- j-i t -».--».-» T-i t- j-A i t Ti .-> ■ •» «-4 « /-- 1 j-t 
1 1 i%- CT^rTTTTTTTTTTTTrTTTTTT t ' I 1 1 11- I ' i V7 t 1V1\7T^^ ^TT TT^^ CCT^^X?^^^ 

who shall act as an authorized agent of the 
Board. 



ft4 te tlw e x e cution ©f mattoro pertaining te 
tlw enforcement ef tl*^ article, A** ex e cutiv e see- 
r e larr, i . hall aet- a* aft authorii'. e d agent »i Ae 
Board. 

fe^ (b) The Board is empowered to employ le- 
gal, accounting, consulting and other necessary 
assistance in carrving out the provisions of tb* 
article. Article 2 of Chapter 87 of the General 
Statutes. 

Statutory' Authority G.S. 87-18. 

.0105 MEETINGS OF BOARD: QLORLM 

(a) Regular meetings of the Board shall be held 
during April and October of each year and addi- 
tional meetings may be held at such other times 
and places as the Board deems wise and neces- 
sary'. 



1037 



NORTH C.AROLIN.A REGISTER 



PROPOSED RULES 



(b) For the purpose of gis'ing aft4 grading ad- 
ministering examinations, a quorum shall consist 
of i*t- Jeast three members, one of whom shall be 
an officer; nhall conotitut t^ » quorum »ft4 for ^Jw 
purpono ef all other purposes a quorum shall 
consist of at- k»i»t- four membcn-s, one of whom 
shall be an officer. shaW coni i tituto » quorum trf 
tb# Board. 

Statutory Authority G.S. 87-18; 87-/9. 

.0107 HOARD COMMH IKKS 

(a) The ohainnan chair of the Board shall ap- 
point regular committees to implement pre- 
scribed phases of the Board's functions, and may 
appoint special committees to undertake specific 
assignments of the Board. 

(b) The chainnun chair of the Board shall des- 
ignate the membership of the committees and 
may designate one member as committee chair 
man. chair. 

(c) Members of committees ser%'c at the pleas- 
ure of the chainnan chair of the Board. 

Statutory Authority G.S. 87-18. 

SECTION .0300 - EX,\MINATIO\S 

.0301 QUALIFICATIONS DETERMINED BY 
WRITTEN EXAMINATION 

(a) In order to determine the qualifications of 
an applicant, the Board shall provide a written 
examination in the foUowinc catceorics: 



Plumbing Contractmg, Class I 
Plumbing Contracting, Class II 
Heating, Group No. 1 - Contracting, Class I 
Heating, Group No. 1 - Contracting, Class II 
Heating, Group No. 2 - Contracting, Class I 
Heating, Group No. 3 - Contracting, Class I 
Heating, Group No. 3 - Contracting, Class II 
(b) Each applicant shall be required to read, 
interpret and provide written answers to all parts 
of the examinations required by G.S. 87-21(b), 
except during oral examinations wtH be provided 
under circumctanoes set ewfr m pursuant to G.S. 
87-21(b). 



Statutory Authority 
87-21 (b). 



G.S. 87-18; 87-21 (a); 



.0303 VISITORS 

Visitors or licensees may obscr\e any examina- 
tion, but shall not be provided with the substance 
of (-he anv examination. 

Statutory Authority G.S. 87-18; 87-2l{a); 
87-21 (b). 

.0304 SPECIAL EXAMINATIONS 



The expense deposit for a special examination 
pursuant to pcnnittcd by G.S. 87-21(b) upon 
written demand shall be in an amount deter- 
mined by the Board. After the special examina- 
tion is completed and graded, or in case of 
cancellation by the applicant, the Board will de- 
termine the full cost of the examination and re- 
fund any balance remaining after applying the 
expense deposit, the remaining balanc e , if afWr 
trf a» expen '. e depo '. it f»f a special e .\amination 
vrtW be returned t» the applicant. 



Statutory 
87-2l(b). 



.0306 



Authority G.S. 87-18; 87-2l(a); 



APPLICATIONS: ISSUANCE OF 
LICENSE 

(a) All applicants for regular examinations shall 
file an application in the office of the executive 
secretarv' on or before the date set out on the 



examination application form, . 
examination which date will be at least 30 days 
prior to the examinatum. AW applicant n fef reg- 
«tef e xamination - j i . hall 6ie a«- application, m the 
office »f the executive secretary, at least -^ dayo 
prior t» the examinationo. Applications fof e?t- 
aminationr . shall be »» a fonn approved by the 
Board. 

(b) Apphcants who pas* the examination ob- 
tain a license will receive a certificate and'or h- 
cense signed by the chair a«4 secretary tr e asur e r. 
issued by the Board, bearing the license number 
assigned to the qualifying individual. 

(c) A 1 he hcensc number shall be assigned te 
the qualifying individual aft4 shall not be as- 
signed or transferred to any other individual. 

Statutory Authority G.S. 87- J 8; 87-2/ (b). 

.0307 REFUND OF DEPOSIT 

(a) An examination fee for a regular examina- 
tion will not be refunded unless the applicant 
notified notifies the executive secretary, either 
orally or in writing, at least three days before the 
examination that the applicant will be unable to 
attend the examination. To be efTective, an oral 
notification must be confirmed in writing within 
three days. 

fb) Payments mad e te- co' i 'er the eest ef a spe- 
etal examination afe ftet refundable. 

fe} rb| In the event an applicant fails to pass 
the examination, ef fails to appear for examina- 
tion, or abandons an examination, the license fee 
deposit will be refunded. 

Statutoiy Authority G.S. 87-/8; 87-2/ (b); 87-22; 
87-22./'. 



NOR TH CA R OLINA R EG IS TER 



1038 



PROPOSED RULES 



.0309 K\I'.\M)IN(; SCOI'K Ol I.ICKNSK 

(a) Any licensee holding a license as an indi- 
vidual, or a licensee whose name appears on the 
certificate of license issued in the name of a cor- 
poration, partnership, or business that has a trade 
name, may be examined for the purpose of ex- 
pansion of his license qualifications without de- 
posit of an additional annual license fee upon 
payment of the required examination fee. 

(b) A current license limited to cities or towns 
of less than 10,000 population may be expanded 
to statewide in scope without examination, upon 
payment of license fee as prescribed by Rule 
.1103. 

Statutory Authority G.S. S7-IS: 87-21 (b): 87-25. 

SKCTION .0400 - GKNFRAL PROCEDURES 

.0402 PERMITS 

A licensed contractor shall obtain permit o »ft4 
not authorize permits to be obtained or allow his 
license number to appear on permits only except 
for work over wliich he will provide general 
supervision until the completion of the work, afi4 
for wliich he holds the contract and for which he 
receives aU contractual pa\ments. 

Statutory Authority G.S. 87-18: 87-26. 

.0403 L SE OF LICENSE 

A licensed contractor shall not permit the use 
of his license by any contractor h€4 properly li- 
c e nsed i*v ifee Board, other person. 

Statutoiy .Authority G.S. 87-/8: 87-23: 87-26. 

.0404 ACTIVE EMPLOYMENT 

(a) In each separate place of business or branch 
thereof operated by a contractor Uccnscd by the 
Board, there shall be on active on site employ- 
ment a person licensed in accordance with the 
provisions of G.S. 87, ^-Vrticle 2 and whose duties 
are to ontor arte contractL' . r«4 to supervise aU 
plumbing installations, heating installations, or 
both. 

(b) Separate place of business or branch thereof 
shall mean an\' office or facilits' of anv kind: 

( 1 ) from which plumbing or heating business 
IS solicited or conducted; 

(2) from which plumbing or heating contracts 
are negotiated or entered intci: or 

(.V) from which requests for plumbiniz or 

heating work or scr\'icc requiring a license 

are recei\ed and accepted. 

A teiTiporar\^ facility used solely to conduct the 

plumbing or heating business in\ol\ed m an ex^ 

istinc contract or contracts entered into by the 



main license office and from which no new busi- 



ness is solicited or conducted shall not be deemed 
a separate place o|' business or branch thereof 

Statutory Authority G.S. 87-18: 87-21 (a)(5); 
87-21 (a)(6): 87-26. 

.0405 MLIIIPLE LICENSES 

(a) In order to maintain the identity of firms, 
a licensee shall quality only one plac e ef business 
with his personal qualifications. 

(b) A licensee may be listed on only one License 
at any given time, whether the license is issued in 
the name of the indi\idual or in the name of a 
fum. 

(c) The licensee may, upon deletion of his 
name and quahfications from a fum license, 
reinstate his personal license, either as an indi- 
vidual or in the name of some other corporation, 
partnership, or business that has a trade name, 
upon compliance with G.S. 87-26. 

Statutory' Authority G.S. 87-18: 87-2l(a)(5); 
87-2/(a)(6): 87-26. 

.0406 RESPONSIBILITY OF LICENSED 
PERSON EMPLOY ED in FIRM 

34» ro ' jponf ' ibility (*f A^ liccnr i od poroon Fe- 
quirud l*¥ G.S. V i 7 36 hwt be aoLumed. j» writing, 
hy- another licenr ' t'o employed by tl+e fifwt- holding 
tke contract aft4 upon notice, m writing, te the 
Board. 

(a) The licensed person, whether individuaUv 
or for a corporation, partnership or business with 
a trade name, shall execute all contracts to the 
extent of his qualifications. 

(b) A contract, and the responsibility imposed 
on a licensed person to supenise work performed 
under a contract, may be assumed by another 
licensee in writing upon written notice to the 
Board of the assignment. 

Stdtutoty Authority G.S. 87-18: 87-26. 

.0407 CORPORATIONS: P.'kRTNERSMIPS: 
AND IRADE NAMES 

(a) A license may be issued or renewed in the 
name of a corporation, partnership, or business 
with a trade name upon compliance with the 
provisions of G.S. 87-26, \erified by the exe- 
cution of forms furnished by the Board. 

(b) Additional licensees may be added to li- 
censes issued in the abo\e manner upon \'erifica- 
tions of compliance with the pro\'isions of G.S. 
87-26. In the ewnt a licensee tenninates his as- 
sociation with a corporation, partnership, or 
business with a trade name, he shall immediately 
notify the executi\'e secretar\' of the Board. 



1059 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(c) A person who has a license which has been 
expired less than three years may be added to an 
acti\e license issued in the name of a corporation, 
partnership or business with a trade name, with- 
out payment by the firm of an additional license 
fee upon written request and completion of fomis 
provided by the Board. 

fe} (d| The license number assigned to a cor- 
poration, partnership, or trading numo business 
with a rtft a j.i. umc ' d trade name shall be that of the 
first licensee listed on the license. 

Statutory Authority G.S. 87-18; 87-22; 87-26. 

.0408 CHANGK OF TRADE NAME 

(a) The trading trade name ©f a under which a 
license is issued licc'nr . c ' B may be changed upon 
request to and approval by the Board. If the 
Board approves the name change, the last cortif 
icato ef license issued to the hccnsee must be re- 
turned to the executive secretary. 

(b) A licensee Hwy »»*■ rL'qu e-. t i j. f i uanc e will 
not be issued or renewed in a like or similar name 
to any [existing liconoo operating m tbe sam e §e- 
o graphic aroa.| pre-existing license issued to a 
corporation, partnership or business with a trade 
name operating within a 1 50 mile radius of the 
applicant for the name change. 

Statutory Authority G.S. 55B-5; 87-18; 87-26. 

.0409 REINSTATEMENT OF EXIMRED 
LICENSE 

A license which expires may be reinstated 
within three years of the date of expiration upon 
written request. Upon presentation of satisfac- 
tory evidence that the licensee has not engaged 
in the business of either plumbing or heating 
contracting since the expiration of his license, 
payment of the license fee for the current year 
only will be required. In the absence of such 
evidence, the license may be reinstated upon 
payment of the current license fee, aft4 the hcense 
fee for the years subsequent te Ae year for which 
such evidence is omitted and all subsequent 
years, together with penaltiL ' s. the penalty im- 
posed by G.S. S7-22. 

Statutory Authority G.S. 87-18; 87-22. 

.0410 RENEWAL OF LICENSES 

fa> When a licensee makes timely aw4 sufficient 
application f»f renewal t4 a license b+ a h^w li- 
cense, including the payment »f at+y required Vt- 
cense fe^ ' ■ ' ■ ilh reference to actis'ity ef a 
continuing nature, the existing licen ^ ie does net- 
e xpir e until a d e ci -' inn (+«• t4*e application » finally 
reached by A<? Board, <m4 tf tl*<? application i* 



denied, the existing license door i net- expire until 
the expiration »f the period iwi- applying fof fa- 
dicial review Bf the agency order. This provision 
does H«4- affect Board action summarily s««- 

»^ r-i-w-i ,\ 1 r-L It ■ - 1 1 . -• t-t I t •~'i\r^ L- • 1 1 1 »-l .-I , 1^ * t-m r\r-j11 7t I- t J^t-\ i' t\.k I - y^ 

150B i 

(^ The issuance of a license in the name of a 
corporation or other entity or the transfer of the 
license qualification of an individual licensee to 
a license in the name of a corporation or other 
entity through which the individual is actively 
engaged in contracting, pursuant to Rules .0405, 
.0407 and .0408 hereof, does not result in the 
expiration of the license of the individual for 
purposes of re-examination under G.S. 87-22 if 
such corporate or other license is kept in force. 

{&} During the period ef time an- indis'idual li- 
censed under (i.S. ^ yVrticle 3 is employed full 
time by a ««it »f local government as aft inspec 
tef aft4 holds a valtd certificate from the North 
Carolina Code Officials Qualification Board, his 
license shall set be deemed expired fof the pur 
poses ef re examination under G.S. 87 22. de- 
spite the non payment e( renewal fees; provided 
that thi* Rul e does set authoru'. e contracting 
within the m e aning ef G.S. 87 21 by aaf indi 
vidual whose lic e ns e is set current. 

Statutory! Authority G.S. 87-18; 87-22; I50B-3. 

.0411 I'LBLICATIONS 

The following pubhcations are available from 
the Board; 

( 1 ) laws applicable to plumbing, heating and 
air conditioning contracting in the State of 
North Carolina; GtSt *^ Articl e ^ 

(2) general rules regulations aft4 procedures of 
the Board; 

(3) suggested study references for persons 4e- 
siring te- take the quahfying examinations; 

(4) annual register of licensees and supplements 
thereto. 

Statutory Authority G.S. 87- J 8. 

SECTION .0500 - POLICY STATEMENTS AND 
INIERPRETATINE RULES 

.0501 AIR CONDITIONING FURTHER 
DEFINED 

An air conditioning system is an aggregation or 
assemblage of objects united by some form of 
interaction or interdependence, or a group of 
single or multiple units so combined as to form 
an integral whole, requinng that requires a total 
of more than 1 5 tons of mechanical refrigeration 
to function, operate or mo\c in unison, which 
produces conditioned air by the lowering of 



NORTH CAROLINA RECISTER 



1040 



PROPOSED RULES 



temperature for comfort cooling, and r e quiring 
requires air distribution ducts. 

Staiuioty Auihoriiy G.S. S7-IS: S'7-21 (a)(3). 

.0503 SI imissiON or urn 

The submission of a bid to undjrtaico perform 
plumbing, heating or air conditioning work is an 
offer to engage in the business of plumbing, 
heating or air conditioning contracting within the 
meaning of G.S. 87-25. 

Siatutoiy Auihoriiy G.S. S7-I8; 87-25. 

.0505 GENF.R.AL SLPERMSION 

Ihe general supervision » licon '. oo i^ required 
by G.S. S7-26 te- oxorciw o' l Or work L ' Upor i iLX>d 
h^ kisft is that degree of super\ision which is 
necessary' and sufficient to ensure that the con- 
tract is performed in a workmanlike manner and 
with the requisite skill and that the installation is 
made properly, safely and in accordance with 
applicable codes and rules. General super-ision 
requires full time emplo\'ment and that the re- 
view of the work done pursuant to the license be 
performed dunng regular busmess hours while 
the work is in progress. 

Slatuioiy Auihoriiy G.S. S7-I8; 87-23: 87-26. 

.0506 MINOR REPAIRS WD Al TERATIONS 

(a) The connection of a factor\-instaIled and 
inspected mobile home drainage system to an 
existing approved premises sewer system, which 
premises sewer system extends from the septic 
tank or municipal sewer system, constitutes a 
minor repair or replacement. The connection of 
a factory-installed mobile home water system to 
an existing approved potable water supply on the 
premises constitutes a minor repair or replace- 
ment. 

(b) The initial installation »fi4 or the subse- 
quent replacement of a hot water heater in anv 
structure requires a license in plumbing con- 
traeting except that the replacement of a hot wa- 
ter heater, with no change in fuel or energy 
source, energy use rate, routing or sizing of vent- 
ing or piping, constitutes a minor replacement 
within the meaning of G.S. S7-21(c). 

Slalulon' Auihoriiy G.S. 87-18; 87-21 (a)(1): 
S7-2I(a)(5): S7-2'/(cl. 

.0507 HEATING: GROUP I LICENSE 
RKQl I RED 

A license in heating, group No. ]_ is required for 
the installation or replacement of a boiler in a 



heating group No. 1 system, r e quires a Heating 
C J roup 4- liceni . o. 



Slalutoiy Auihoriiy G.S. 

87-2J(a)(5):87-2'/(c). 



87-18; 87-21 (a)(2); 



.0508 HEATING: GROUP 3 LICENSE 
REQl IRED 

(a) A license in heating, group No. 3 is required 
for installation eir or replacement of a furnace in 
a heating group No. 3 system. 

(b) A license in heating, group No. 3 is required 
to install or replace self-contained fireplace unit 
if the unit utilizes ducts or a blower to distribute 
air to areas not immediately adjacent to the fire- 
place itself. 

(c) A license in heating, group No. 3 contract 
iftg is required when air conditioning of less than 
15 tons is added to an already installed heating, 
group No. 3 system, provided the existing heating 
system is altered or modified, or there are changes 
in the duct or control system. 



Sialuiory Authority G.S. 

87-2lia)(5); 87-2'l(c). 



87-18; 87-2/ (a)(3); 



SECTION .1000 - CONTESTED CASES 

.1001 RIGHT TO HEARING 

When the Board acts or proposes to act, other 
than m rule-making or declaratory ruling pro- 
ceedings, in a manner which will affect the rights, 
duties, or privileges of a specific, identifiable per- 
son, such person has the right to an administra- 
ti\'e hearing. When the Board proposes to act in 
such a manner, it shall give all such affected per- 
sons notice of their right to a hearing by mailing 
by certified mail to them at their last known ad- 
dress a notice of the proposed action and a notice 
of a right to a hearing. 

Slalulon- Authority G.S. 87-18; I50B-II: 
I50B-3S. 

.1002 REQUEST FOR HEARING 

(a) Any time an mdividual believes that indi- 
\iduars rights, duties, or privileges have been af- 
fected by the Board's administrative action, but 
has not recei\ed notice of a right to an adminis- 
trative hearing, that individual may file a formal 
request for a hearing. 

(b) Before an individual may file a request, that 
individual is encouraged to exhaust all reasonable 
efforts to resolve the issue informally with the 
Board. 

(c) Subsequent to such informal action, if still 
dissatisfied, the indi\idual should submit a re- 
quest to the Boards office, with the request 
bearing the notation: RF.QUFST FOR AD- 



1041 



l\ORTH CAROLINA REGISTER 



PROPOSED RULES 



MINISTRATIVB III:ARING. The request 
should contain the following information: 

(1) name and address of the Petitioner, 

(2) a concise statement of the action taken by 
the Board which is challenged, 

(3) a concise statement of the way in which 
the Petitioner has been aggrieved, and 

(4) a clear and specific statement of request for 
a hearing. 

(d) The request will be acknowledged promptly 
and, if deemed appropriate by the Board in ac- 
cordance with Rule 21 N.C.A.C. 50 .1003, a 
hearing will be scheduled. 

Statutory^ Authority G.S. 87-18; 1 508-11; 
I50B-38. 

.1003 GRANTING OR DRNYING HEARING 
REQLKST 

(a) The Board will grant a request for a hearing 
if it determines that the party requesting the 
hearing is a "person aggrieved" within the mean- 
ing of G.S. 150B-2(6). 

(b) The denial of request for a hearing will be 
issued immediately upon decision, and in no case 
later than 60 days after the submission of the re- 
quest. Such denial shall contain a statement of 
the reasons leading the Board to deny the re- 
quest. 

(c) Approval of a request for a hearing will be 
signified by the issuing of a notice as required by 
G.S. 150B-38(b) and explained in Rule .1004 of 
this Section. 



Statutory Authority G.S. 
I50B-38. 



87-18; ISOB-II; 



.1004 NOTICE OF HEARING 

(a) The Board shall give the party or parties in 
a contested case a notice of hearing not less than 
15 days before the hearing. Said notice shaU 
contain the following information, in addition to 
the items specified in G.S. 150B-38(b): 

(1) the name, position, address and telephone 
number of a person at the offices of the 
Board to contact for further information 
or discussion; 

(2) the date, time, and place for a pre-hearing 
conference, if any; and 

(3) any other information deemed relevant to 
informing the parties as to the procedure 
of the hearing. 

(b) If the Board determines that the public 
health, safety or welfare requires such action, it 
may issue an order summarily suspending a li- 
cense. Upon service of the order, the licensee to 
whom the order is directed shall immediately 
cease the practice of plumbing and heating con- 



tracting in North Carolina. The Board shall 
promptly give notice of hearing pursuant to G.S. 
150B-38 following service of the order. The 
suspension shall remain in effect pending issu- 
ance by the Board of a final agency decision 
pursuant to G.S. 150B-42. 

Statutory Authority G.S. 87-18; l50B-3(c); 
I50B-II; I SOB- 38. 

.1005 WHO SHAM, HEAR CONTESTED 

CASES 

All administrative hearings will be conducted 
by the Board, a panel consisting of a majority of 
the members of the Board, or an administrative 
law judge designated to hear the case pursuant to 
G.S. I50B-40(e). 

Statutory Authority G.S. 87-/8; I50B-II; 
I50B-38; I50B-40. 

.1006 INFORMAL PROCEDURES 

The Board and the party or parties may agree 
in advance to simplify the hearing by: decreasing 
the number of issues to be contested at the hear- 
ing; accepting the validity of certain proposed 
evidence; accepting the findings in some other 
case with relevance to the case at hand; or agree- 
ing to such other matters as may expedite the 
hearing. 

Statutory Authority G.S. 87-18; I50B-II; 
I50B-4I. 

.1007 PEII HON FOR INTERVENTION 

(a) A person desiring to intervene in a con- 
tested case must file a written petition with the 
Board's office. The request should bear the no- 
tation: PliTinON TO INTERVENE IN THE 
CASE OF (Name of case). 

(b) The petition must include the following 
information: 

(1) the name and address of petitioner; 

(2) the business or occupation of petitioner, 
where relevant; 

(3) a full identification of the hearing in which 
petitioner is seeking to intervene; 

(4) the statutory or non-statutory grounds for 
intervention; 

(5) any claim or defense in respect of which 
intervention is sought; and 

(6) a summary of the arguments of evidence 
petitioner seeks to present. 

(c) If the Board determines to allow inter- 
vention, notice of that decision will be issued 
promptly to all parties, and to the petitioner. In 
cases of discretionary intervention, such notifica- 
tion will include a statement of any limitations 



NORTH CAROLINA REGISTER 



1042 



PROPOSED RULES 



of time, subject matter, evidence or whate\'er else 
is deemed necessary which are imposed on the 
intcr\'enor. 

(d) If the Board's decision is to deny inter- 
vention, the petitioner will be notified promptly. 
Such notice will be in wnting, identif\mg the 
reasons for the denial, and will be issued to the 
petitioner and all parties. 

Statutory Authoritv G.S. S7-I8; I50B-II: 
I50B-38. 

.1008 TYPES OF INTERVENTION 

(a) Intenention of Right. A petition to inter- 
vene as of right, as provided in the North 
Carolina Rules of Civil Procedure, Rule 24, will 
be granted if the petitioner meets the criteria of 
that rule and the petition is timely. 

(b) PenTiissi\'e Intervention. A petition to in- 
tervene permissively, as provided in the North 
CaroHna Rules of Ci\il Procedure, Rule 24, will 
be granted if the petitioner meets the criteria of 
that rule and the Board determines that: 

(1) There is sufficient legal or factual sLmilarit>- 
between the petitioner's claimed rights, 
privileges, or duties and those of the par- 
tics to the hearing: and 

(2) Permitting intervention by the petitioner 
as a party would aid the purpose of the 
hearing. 

(c) Discretionan,' Inter\ention. The Board 
may allow discretionary intervention, with what- 
ever limits and restrictions are deemed appropri- 
ate. 



Statutory Authoritv G.S. 
I50B-3S. 



87- IS: I50B-II: 



.1009 DlSQl .\LIHC.\TION OF BOARD 
MEMBERS 

(a) Self-disqualification. If for any reason a 
Board member determines that personal bias or 
other factors render that member unable to hear 
a contested case and perform all duties in an im- 
partial manner, that Board member shall volun- 
tarily decline to participate in the hearing or 
decision. 

(b) Petition for Disqualification. If for any 
reason any party in a contested case believes that 
a Board member is personally biased or other- 
wise unable to hear a contested case and perfonn 
all duties in an impartial manner, the party may 
file a sworn, notarized affidavit with the Board. 
The title of such affidav it should be;ir the nota- 
tion: AITIDAVn ()I- DISQLAI inCATION 
OF BOARD Ml-.MBER IN THE CASE OF 
(Name of case). 



(c) Contents of Affidavit. The affidavit must 
state all facts the party deems to be relevant to 
the disqualification of the Board member. 

(d) Timeliness and Effect of Affidavit. An af- 
fidavit of disqualification will be considered 
timely if tiled ten days before commencement of 
the hearing. /Vny other affidavit will be consid- 
ered timely provided it is filed at the first oppor- 
tunity after the party becomes aware of facts 
which give nse to a reasonable belief that a Board 
member may be disqualified under tliis rule. 

Where a petition for disqualification is fded less 
than ten days before or during the course of a 
hearing, the hearing shall continue with the 
challenged Board member sitting. Petitioner 
shall have the opportunity to present evidence 
supporting his petition, and the petition and any 
evidence relative thereto presented at the hearing 
shall be made a part of the record. The Board, 
before rendering its decision, shall decide whether 
the evidence justifies disqualification. In the 
event of disqualification, the disqualified member 
will not participate in further deliberation or de- 
cision of the case. 

(e) Procedure for Determining Disqualification. 

(1) The Board uiU appoint a Board member 
to investigate the allegations of the affida- 
vit. 

(2) The investigator will report to the Board 
the fmdings of the investigation. 

(3) Ihe Board shall decide whether to dis- 
qualify the challenged individual. 

(4) The person whose disqualification is to 
be determined will not participate in the 
decision but may be called upon to fur- 
nish information to the other members of 
the Board. 

(5) When a Board member is disqualified 
prior to the commencement of the hearing 
or after the hearing has begun, such hear- 
ing will continue with the remaining 
members sitting provided that the re- 
maining members still constitute a major- 
ity of the Board. 

(6) If four or more members of the Board are 
disqualified pursuant to this rule, the 
Board shall petition the Office of Admin- 
istrative Hearings to appoint an adminis- 
trative law judge to hear the contested 
case pursuant to G.S. 150B-40(e). 

StatutoiT Authoritv G.S. 87-18; I50B-II; 
J50B-38; I50B-40. 

.1010 SLBPOEN.AS 

(a) Requests for subpoenas for the attendance 
and testimony of witnesses or for the production 
of documents, either at a hearing or for the pur- 



I04i 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



poses of discovery, shall be made in writing to 
the Board, shall identify any document sought 
with specificity, and shall include the full name 
and home or business address of all persons to 
be subpoenaed and, if known, the date, time, and 
place for responding to the subpoena. The 
Board shall issue the requested subpoenas within 
three days of receipt of the request. 

(b) Subpoenas shall contain: the caption of the 
case; the n;ime and address of the person 
subpoenaed; the date, hour and location of the 
hearing in which the witness is commanded to 
appear; a particularized description of the books, 
papers, records or objects the witness is directed 
to bring with him to the hearing, if any; the 
identity of the party on whose application the 
subpoena was issued; the date of issue; the sig- 
nature of the presiding officer or his designee; and 
a "return of service." The "return of service" 
form, as filled out, shows the name and capacity 
of the person serving the subpoena, the date on 
wliich the subpoena was delivered to the person 
directed to make service, the date on which ser- 
vice was made, the person on whom service was 
made, the manner in which service was made, 
and the signature of the person making ser\'ice. 

(c) Subpoenas shall be served by the sheriff of 
the county in which the person subpoenaed re- 
sides, when the party requesting such subpoena 
prepays the sheriffs service fee. The subpoena 
shall be issued in duplicate, with a "return of 
service" form attached to each copy. A person 
serving the subpoena shall fill out the "return of 
service" form for each copy and properly return 
one copy of the subpoena, with the attached 
"return of service" form completed, to the Board. 

(d) Any person receiving a subpoena from the 
Board may object thereto by filing a written ob- 
jection to the subpoena with the Board's office. 

(e) Such objection shall include a concise, but 
complete, statement of reasons why the 
subpoena should be revoked or modified. These 
reasons may include lack of relevancy of the e\'i- 
dence sought, or any other reason sufficient in 
law for holding the subpoena invalid, such as that 
the evidence is pri\ileged, that appearance or 
production would be so disruptive as to be un- 
reasonable in light of the significance of the evi- 
dence sought, or other undue hardship. 

(f) y\ny such objection to a subpoena must be 
served on the party who requested the subpoena 
simultaneously with the filing of the objection 
with the Board. 

(g) The party who requested the subpoena, in 
such time as may be granted by the Board, may 
file a written response to the objection. The 
written response shall be served by the requesting 



party on the objecting witness simultaneously 
with filing the response with the Board. 

(h) After receipt of the objection and response 
thereto, if any, the Board shall issue a notice to 
the party who requested the subpoena and the 
party challenging the subpoena, and may notify 
any other party or parties of an open hearing, to 
be scheduled as soon as practicable, at which ev- 
idence and testimony may be presented, limited 
to the narrow questions raised by the objection 
and response. 

(i) Promptly after the close of such hearing, a 
majority of the Board members hearing the con- 
tested case will rule on the challenge and issue a 
written decision. A copy of the decision will be 
issued to all parties and made a part of the re- 
cord. 



Statutory Authority G.S. 
I50B-3S: I50B-39: I50B-40. 



87-18; I50B-II: 



.1011 WITNKSSKS 

Any party may be a witness and may present 
witnesses on the party's behalf at the hearing. 
/Vll oral testimony at the hearing shaU be under 
oath or affirmation and shall be recorded. At the 
request of a party or upon the Board's own mo- 
tion, the presiding otTiccr may exclude witnesses 
from the hearing room so that they cannot hear 
the testimony of other witnesses. 



Statutory Authority G.S. 
I50B-38: I50B-40. 



87-18; I50B-II; 



.1012 FINAL DKCISION 

In all cases heard by the Board, the Board will 
issue its decision within 60 days after its next 
regularly scheduled meeting following the close 
of the hearing. This decision will be the prereq- 
uisite "final agency decision" for the right to ju- 
dicial review. 

Statutory Authority 87- IS; I50B-II; J50B-38; 
I50B-42. 

.101.? PROPOSALS FOR DECISIONS 

(a) When an administrative law judge conducts 
a hearing pursuant to G.S. 150B-4()(e), a "pro- 
posal for decision" shall be rendered within 45 
days of the hearing pursuant to the Rules of the 
Office of Administrative Hearings, 26 N.C.A.C. 
3 .0026. The parties may file written exceptions 
to this "proposal for decision" and submit their 
own proposed findings of fact and conclusions 
of law. The exceptions and alternative proposals 
must be filed within ten days after the party has 
recei\ed the "proposal for decision" as drafted 
by the administrative law judge. 



NORTH CAROLIN.i REGISTER 



1044 



PROPOSED RULES 



(b) Any exceptions to the procedure dunng the 
hearing, the handling of the hearing by the ad- 
ministrative law judge, rulings on evidence, or 
any other matter must be written and refer spe- 
cifically to pages of the record or otherwise pre- 
cisely identify the occurrence to which exception 
is taken. The exceptions must be filed with the 
Board within ten days of the receipt of the pro- 
posal for decision. The written exceptions 
should bear the notation: l-XCEPTIONS TO 
Till' PROCFI- DINGS IN Till- CASE OF 
(Name of case). 

(c) Any party may present oral arguments to 
the Board upon request. The request must be 
included with the written exceptions. 

(d) Upon receipt of request for further oral ar- 
gument, notice will be issued promptly to all 
parlies designating the time and place for such 
oral argument. 

(e) Giving due consideration to the proposal 
for decision and the exceptions and arguments 
of the parties, the Board may adopt the proposal 
for decision or may modify it as the Board deems 
necessar)'. The decision rendered will be a part 
of the record and a copy thereof gi\en to all par- 
ties. The decision as adopted or modified be- 
comes the "fmal agency decision" for the right to 
judicial review. Said decision will be rendered 
by the Board within 60 days of the next regularly 
scheduled meeting following the oral arguments, 
if any. If there are no oral arguments presented, 
the decision will be rendered within 60 days of 
the next regularly scheduled Board meeting fol- 
lowing receipt of the written exceptions. 



Statutory Authority 
I50B-3S; I50B-40. 



G.S. 87-18; I50B-II; 



SECTION .IIOO-FFES 

.1101 EXAMINATION FEES 

An examination fee of ten dollars ($10.00) re- 
quired by G.S. 87-22.1 must accompany an ap- 
plication for examination. 

Statutory Authority G.S. 87-18; 87-22.1. 

.1102 LICENSE FEES 

(a) The annual license fee for statewide licenses 
issued in the name of an individual, corporation, 
partnership, or business with a trade name is fifty 
doUars ($50.00). 

(b) The annual hcense fee for licenses limited 
in scope to cities or towns of less than 10,000 
population and issued in the name of an indi\id- 
ual, corporation, partnership or business with a 
trade name is twenty fi\e doUars ($25.00). 

Statutory- Authority G.S. 87-/8; 87-22. 

.1 103 EXPANDING SCOPE OF LICENSE 

A current license hmited to cities or towns of 
less than 10,000 population may be expanded to 
statewide in scope upon paNmcnt of a twenty five 
dollar ($25.00) fee to the Board. 

Statutoty Authority G.S. 87-/8; 87-22. 



1045 



NORTH CAROLINA REGISTER 



FINAL RULES 



LJ pan request from the adopting agency, the 
text of rules will he published in this section. 

W hen the text of any adopted rule is iden- 
tical to the text of that as proposed, adoption 
of the rule will be noted in the "List of Rules 
Affected" and the text of the adopted rule 
will not be republished. 

A dopted rules filed by the Departments of 
Correction, Revenue and Transportation are 
published in this section. These departments 
are not subject to the provisions ofG.S. I SOB, 
Article 2 requiring publication of proposed 
rules. 



TITLE 5 - DEPARTMENT OF 
CORRECTION 

CHAPTKR 2 - DIVISION OF PRISONS 

SLBCIIAPTKR 2G - COl RT RELATED 
PROCEEDINGS 

SECTION .0300 - ADMINISTRATIVE REMEDY 
PROCEDCRE 

.0306 REJECTION OE GRIEVANCES 

(a) A grievance filed pursuant to these regu- 
lations shall be rejected at any level if it; 

(1) Seeks to challenge matters already decided 
by a State or Federal court; 

(2) Challenges a Parole Commission decision; 

(3) Challenges a disciplinary action; or 

(4) Challenges matters beyond the control of 
the Department. 

(b) In accordance with Rule .0310, a grievance 
may be rejected at any level if: 

(1) The grievance concerns an action not yet 
taken or a decision which has not been 
made. 

(2) There has been a time lapse of more than 
one year between the event and sub- 
mission of the grievance. 

(3) The inmate has requested a remedy for 
another inmate. 

(4) The inmate has requested a remedy for 
more than one incident (see Rule .0304). 

(5) The inmate's grievance directs toward any 
person language that is generally consid- 
ered profane, \'ulgar, abusive, contemptu- 
ous, or threatening. Inmates who violate 
this rule may be subject to disciplinary 
action. The grievance may be resubmit- 
ted for processing once the objectionable 
language has been eliminated. 



(6) Rules and procedures established herein 
have not been followed. 

History Note: Filed as a Temporary 
Amendment Hff February 20, 
1989 for a Period of 40 Days to 
Expire on March 31, 1989; 
Statutory Authority G.S. 148-1 1 8. 1; 
Eff September I, 1988; 
Amended Eff April I. 1989. 

TITLE 19A DEF'ARTMENT OF 
TRANSPORTATION 

CHAPTER 2 - DIVISION OF HIGHWAYS 

SUBCHAPTER 2B - HIGHWAY PLANNING 

SECTION .0100 - RIGHT OF WAY 

.0162 DELEGATION TO MANAGER 
OF PROGRAM ,\ND POLICY 

The State Highway Administrator has delegated 
to the Manager of the Program and Policy 
Branch the following powers and duties; to ap- 
prove and execute all municipal agreements for 
projects involving use of small urban funds. 

History Note: Statutory Authority G.S. 
J43B-350; 
Eff March I, 1989. 

CHAPTER 3 - DIMSION OF MOTOR 
\EHICLES 

SLBCHAPTER 3D - LICENSE AND THEFT 
SECTION 

SECTION .0200 - MOTOR VEHICLE DEALER 
AND SALESMAN LICENSE 

.0216 DEFINITIONS 

(a) Statutory Defmitions; Defmitions for 
words and phrases used in these regulations not 
defmed in subsection (b) shall be the same as the 
defmitions appearing in G.S. 20-286 and G.S. 
20-4.01. 

(b) Administrative Defmitions; The following 
words and phrases shall have the meanings listed 
below when used in these regulations; 

(1) "Principal Place of Business" - Means a 
salesroom containing 96 square feet of 
floor space in a permanently enclosed 
building or structure which is separate and 
apart from any living quarters, residence 
or other business and ha\ing a separate 
entrance; where any vehicles displayed arc 
separate and apart from \ehicles of any 
other dealer; having displayed thereon or 
immediately adjacent thereto a sign, in 
block letters of not less than 3 inches in 



NORTH CAROLINA REGISTER 



1046 



FINAL RULES 



height on a contrasting background, 
clearly and distinctly designating the trade 
name of the business at which a perma- 
nent business of bartering, trading and 
selling of motor \'ehicles will be carried on 
as such in good faith and at which place 
of business shall be kept and maintained 
the books, records, and files the Division 
ma\' require as necessary to conduct the 
business at such location. Provided, 
however, the minimum area requirement 
pro\ided for in this Paragraph is not ap- 
phcable to any established place of busi- 
ness lawfully in existence and duly 
licensed on or before January 1, 1978. 
(2) "Supplemental Location" - /\ny impro\ed 
or unimproved lot that is not immediately 
adjacent to the principal place of business 
at which a permanent business of 
bartering, trading and selling motor vehi- 
cles will be carried on as such in good 
faith and which is located within the rele- 
vant trade area of the applicant dealer as 
defmed by G.S. 20-286(1 3b). A supple- 
mentary lot must ha\e displayed thereon 
a sign in block letters not less than 3 
inches in height on a contrasting back- 
ground, clearly and distinctly designating 
the trade name of the business and the 
address and telephone number of the 
principal place of business. Supplemental 



locations must operate in exactly the 
same name as the principal place of busi- 
ness and only vehicles owned by or law- 
fully consigned to the principal place of 
business may be offered for sale at sup- 
plemental locations. Provided, the pro- 
visions of this Subsection shall not apply 
to sales of recreational vehicles and boat 
trailers which take place at trade shows 
within the franchise area of the partic- 
ipating dealers. 

(3) "Suspension" - The temporary withdrawal 
of a license issued by the Division of 
Motor Vehicles to a motor vehicle dealer, 
manufacturer, factor)' branch, distributor, 
wholesaler or their salesman or represen- 
tative for a defmite period. 

(4) "Revocation" - The termination of a li- 
cense issued by the Division of \Iotor 
Vehicles to a motor vehicle dealer, man- 
ufacturer, factory branch, distributor, 
wholesaler or their salesman or represen- 
tative. 

History Xote: Filed as a Femporary 
Amendment Eff. February 9, 1989 
for a Period of 180 Days to 
Expire on August 8, 1989; 
Statuton' Authority G.S. 20-/; 20-302; 
Eff. June I. 1988. 



1047 



NORTH CAROLINA REGISTER 



NC AC INDEX 



niLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISIRATIVE CODE 
TIILE DEPARTMENT 



1 

2 
3 

4 
5 

6 

7 

8 

9 
10 
11 
12 
13 
14A 
15 
16 
17 
18 
19A 
20 
*21 
22 
23 
24 
25 
26 



Administration, Department of 

Agriculture, Department of 

y\uditor, Department of State 

Commerce, Department of 

Corrections, Department of 

Council of State 

Cultural Resources, Department of 

Elections, State Board of 

Governor, Office of the 

Human Resources, Department of 

Insurance, Department of 

Justice, Department of 

Labor, Department of 

Crime Control and Public Safety, Department of 

Natural Resources and Community Development, Department of 

Public Fducation, Department of 

Revenue, Department of 

Secretary of State, Department of 

Transportation, Department of 

Treasurer, Department of State 

Occupational Licensing Boards 

Administrative Procedures 

Community Colleges, Department of 

Independent Agencies 

State Personnel, Office of 

Administrative I learings. Office of 



NOTE: Title 21 contains the chapters of the various occupational licensing boards. 
CHAPTER LICENSING BOARDS 

2 Architecture, Board of 

4 Auctioneers, Commission for 

6 Barber Examiners, Board of 

8 Certified Public Accountant Examiners, Board of 

10 Cliiropractic Examiners, Board of 

12 General Contractors, Licensing Board for 

14 Cosmetic Art F,xamincrs, Board of 

16 Dental Examiners, Board of 

18 Electrical Contractors, Board of Examiners of 

20 Eorcstcrs, Board of Registration for 

21 Geologists, Board of 

22 Hearing Aid Dealers and Fitters Board 
26 Landscape Architects, Licensing Board of 

28 Landscape Contractors, Registration Board of 

31 Martial & Family Therapy Certification Board 

32 Medical Examiners, Board of 

33 Midwifery Joint Committee 

34 Mortuary Science, Board of 

36 Nursing, Board of 

37 Nursing Home Administrators, Board of 

38 Occupational Iherapists, Board of 
40 Opticians, Board of 

42 Optometry, Board of Examiners in 



NORTH CAROLINA REGISTER 



I04S 



NC AC INDEX 



44 
46 
48 
50 
52 
53 
54 
56 
58 
60 
62 
63 
64 

66 



Osteopathic I'xamination and Registration, Board of 
I'harmacN', Board of 

I'liysical Therapy, Examining Committee of 
Plumbing and Heating Contractors, Board of 
Podiatn l-'xamincrs, Board of 
Practicing Counselors, Board of 
Practicing Psychologists, Board of 
Professional linginecrs and Land Surveyors, Board of 
Real Instate Commission 
Refrigeration Lxamincrs, Board of 
Sanitarian Hxaminers, Board of 
Social Work, Certification Board for 
Speech and language Pathologists and 
Audiologists, Board of Examiners of 
Veterinary Medical Board 



1049 



NORTH CAROLINA REGISTER 



CUMULA TIVE INDEX 



CUMULA TIVE INDEX 

(April 1988 - March 1989) 



1988 - 1989 



Pages 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

E - Errata 

EO - Executive Order 

EDL - Final Decision letters 

FR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

LRA - L.ist of Rules Affected 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporarv Rule 



ADMINISTRATION 

Administrative Analysis Division, 447 PR 
Auxiliary Ser\'ices, 270 PR 
Departmental Rules, 270 PR 



Issue 



1 - 25 1 - April 

26 - 108 2 - April 

109 - 118 3 - May 

119 - 145 4 - May 

146 - 184 5 - June 

185 - 266 6 - June 

267 - 294 7 - July 

295 - 347 8 - July 

348 - 400 9 - August 

401 - 507 10 - August 

508 - 523 11 - September 

524 - 593 12 - September 

594 - 606 13 - October 

607 - 686 14 - October 

687 - 728 15 - November 

729 - 799 16 - November 

800 - 833 17 - December 

834 - 853 18 - December 

854 - 872 19 - January 

873 - 988 20 - January 

989 - 1009 21 - February 

1010 - 1025 22 - February 

1026 - 1053 23 - March 



NORTH CAROLINA REGISTER 



1050 



CUMULA TIVE INDEX 



Human Relations Council, 604 PR 

State Construction, 1S7 PR, 834 PR 

Youth Advocacy and Invohement Office, 148 PR 

admimstratim: hearings 

General, 579 PR 

Ileanngs Division, 76 PR, 581 PR 

Rules Division, 580 PR 

706 Deferral, 843 PR 

admimsiratim: ordkr 

Adniinistrati\e Order, 369 AO, 873 /\0 

AC.RICILTIRE 

Markets, 992 PR 

Food and Drug Protection Di\ision, 271 PR 

N.C. Gasoline and Oil Inspection Board, 689 PR 

N.C. Pesticide Board, 524 PR 

N.C. State Fair, 451 PR 

Plant Industr)', 453 PR, 992 PR 

Standards Division, 452 PR 

Structural Pest Control Committee, 296 PR 

Vcterinar>' Division, 993 PR 

co.mmkrce 

Alcoholic Beverage Control Commission, 276 PR 

Departmental Rules, 612 PR 

.Milk Commission, 120 PR, 190 PR 

N.C. State Ports Authority, 731 PR 

Seafood Industrial Park Authority, 613 PR 

COMMUNITY COLLEGES 

Community CoUeges, 287 PR, 557 PR 

CORRECTION 

Division of Prisons, 490 FR, 1046 FR 

CRIME CONTROL AND PI BLIC SAFETY 

/Vlcohol Law Enforcement, 47 PR 

CLLll RAL RESOrR( ES 

Division of Archives and History, 691 PR 

EDUCATION 

Flemcntary and SecondaPv' Education, 862 PR, 1013 PR 

ELECTIONS 

State Board of Elections. 120 PR 

EXECUTI\ E ORDERS 

Executive Orders 68-71, 1 FO 

72, 119 I-O 

73, 146 FO 
74 - 75, 508 FO 
76 - 77, 594 I-O 

7S, 800 I-O 

79 - SI. 989 I-:0 
82 - 84, 1026 FO 



/ 05 1 NOR TH CA ROLINA R EG IS TER 



CUMULA TIVE INDEX 



FINAL DKCISION LILITKRS 

Voting Riiihts Act, 5 IDL, 26 IDL, 185 FDL, 267 FDL, 295 FDL, 370 FDL, 
401 i DL, 511 FDL, 597 FDL, 608 FDL, 688 FDL, 729 FDL, 801 FDL, 854 FDL, 
877 I'DL, 991 F'DL 

GFAERAL STATLTES 

Chapter 7A, 348 GS 
Chapter 143B, 350 GS 
Chapter 150B, 352 GS 

HUMAN RKSOLRCHS 

Division of Aging, 229 PR 
Drug Commission, 113 FR 

Facility Ser\iccs, 455 PR, 524 PR, 614 PR, 739 PR, 1027 PR 
Health Ser\'ices, 7 PR, 220 PR, 296 PR, 616 PR, 879 PR 
Medical Assistance, 7 PR, 30 PR, 109 PR, 121 PR, 237 PR, 303 PR, 461 PR 
Mental Health: General, 457 PR, 530 PR, 770 PR 
Mental Health: Hospitals, 459 PR 

Mental Health: Mental Retardation and Substance Abuse Services, 629 PR, 
890 PR 

Mental Health: Other Programs, 530 PR, 
Office of the Secretary', 31 PR 
Ser\'ices for the Blind, 948 PR 

Social Ser\'ices Commission, 27 PR, 531 PR, 949 PR 
Vocational Rehabilitation Services, 371 PR 

INDEPENDFAT AGENCIES 

Agricultural Finance Authority, 841 PR 

Housing Finance, 21 PR, 134 PR, 255 PR, 518 PR, 839 PR, 1000 PR 

INSURANCE 

Agent Services Division, 238 PR, 636 PR 

Company Operations Division, 470 PR 

Consumer Services, 691 PR 

Engineering and Building Codes, 772 PR 

Fire and Casualty Division, 32 PR, 461 PR, 773 PR, 993 PR 

Fire and Rescue Services Division, 122 PR, 149 PR 

Life: Accident and Health Division, 534 PR 

Special Services Di\ision, 856 PR 

Support Services Division, 856 PR 

JUSTICE 

Criminal Justice Fducation and Training Standards, 304 PR 
Private Protective Services, 303 PR, 834 PR 

LABOR 

Boiler and Pressure Vessel, 598 PR 

Elevator and Amusement Device Division, 599 PR 

Notice, 607 C 

Office of Occupational Safety and Health, 598 PR, 1028 PR 

LICENSEVG BOARDS 

Cosmetic Art Examiners, 2S3 PR, 473 PR, 1013 PR 

CPA Examiners, 73 PR. 472 PR, 837 PR 

Dental Examiners. 704 PR, 820 PR 

Examiners of Filcctrical Contractors, 1 5 1 PR 

Hearing Aid Dealers, 77 FR 

Landscape Architects, 1036 PR 

Medical Examiners, 838 PR 



NOR TH CAROLINA REGIS TER 1052 



CVMULA TIVE INDEX 



Nursing, Board of 376 PR, 477 PR, 704 PR, 965 PR 
Plumbing and Heating (Contractors, 1037 PR 
Podiatr)' I^xamincrs, 377 PR 

LISl OF RILKS AFFECTED 

April 1, 1988, 102 LRA 
May 1, 1988, 137 LRA 
June 1, 1988, 260 I.RA 
July 1, 1988, 335 I RA 
August 1, 1988,4% LRA 
September 1, 1988, 585 LRA 
October 1, 1988, 675 LRA 
November 1, 1988, 790 LRA 
December 1, 1988, 845 LRA 
Januar>- 1, 1989, 976 LRA 
Pebruary 1, 1989, LRA 

NAM RAL RKSOLRCFS AND COMML^ITY DE\ ELOPMENT 

Coastal \Lmauement, 1 1 PR, 67 PR, 254 PR, 281 PR, 703 PR, 1010 PR, 1030 PR 

Community A^ssistance, 69 PR, 555 PR, 836 PR 

Departmental Rules, 954 PR 

Division of Lxonomic Opportunity, 556 PR, 778 PR 

Lnvironmental Manaiiement, 241 PR, 278 PR, 599 PR, 656 PR, 698 PR, 777 PR 

960 PR, l()2t) PR 
Forest Resources, 68 PR 
Marine Fisheries, 62 PR 
Soil and Water Conservation, 1 1 1 PR 
Wildlife Resources and Water Safety, 111 PR, 282 PR, 470 PR, 513 PR, 555 PR, 

599 PR, 656 PR, 777 PR, 805 PR, 835 PR, 860 PR, 961 PR, 998 PR, 1011 PR 

NOI ICF OF PEIM ION 

Municipal Incorporation, 804 NP 

RE\ENIE 

Departmental Rules, 864 FR 

Individual Income lax, 710 FR, 825 FR, 864 FR, 1002 FR 

License and Lxcise Tax, 113 FR 

Motor Fuels Tax, 258 FR 

Sales and Use Taxes, 386 FR, 584 IR, 826 FR 

SECRETARY OF ST A IE 

Secunties Division, 125 PR, 656 PR 

STATE PERSONNEL 

State Personnel Commission, 135 PR, 333 PR, 559 PR, 781 PR, 971 PR 

STATE 1 REASl RER 

Escheats and Abandoned Property, 328 PR 
Local Government Commission, 18 PR 
Retirement Systems, 513 PR 

STA FEMENTS OF ORCiANIZA HON 

Statements of Organization, 403 SO 

IRANSPORIAIION 

Division of 1 liiihwavs, 719 FR, 1046 FR 

Division of \kotor Vehicles, 172 FR, 258 FR, 720 FR, 1046 FR 



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